I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sunset Act of 2024’’. 


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1 SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULE2 MAKING. 

3 Chapter 8 of title 5, United States Code, is amend4 ed— 

5 (1) in the table of sections, by adding at the 

6 end the following: 

‘‘809. Sunset for rules. 

‘‘810. Review of rules in effect.’’; 

7 and 

8 (2) by adding at the end the following: 

9 ‘‘§ 809. Sunset for rules 

10 ‘‘(a) EXPIRATION OF RULE.— 

11 ‘‘(1) IN GENERAL.—Except as provided in this 

12 section, each major rule made by an agency shall 

13 cease to have effect— 

14 ‘‘(A) beginning on the date that is 10 

15 years after the date of enactment of a joint res16 olution described in subsection (d) with regard 

17 to the rule; or 

18 ‘‘(B) if a joint resolution of extension de19 scribed in subsection (d) has been enacted with 

20 regard to the rule, beginning on the date that 

21 is 10 years after the date of enactment of the 

22 most recently enacted such joint resolution. 

23 ‘‘(2) REISSUANCE OF THE RULE PROHIB24 ITED.—The rule may not be reissued in substanVerDate Sep 11 2014 05:59 Feb 28, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7455.IH H7455

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1 tially the same form, and a new rule that is substan2 tially the same as such a rule may not be issued, un3 less the reissued or new rule is specifically author4 ized by a law enacted after the date described in this 

5 subsection (a). 

6 ‘‘(b) REPORT BY AGENCY.—Not later than 180 days 

7 before the date described in subsection (a), the agency 

8 shall submit a report similar to the report described in 

9 801(a)(1)(A) to each House of Congress and to the Comp10 troller General, except that instead of the proposed effec11 tive date, such report shall contain the date described in 

12 subsection (a). 

13 ‘‘(c) EXEMPTION BY PRESIDENT.—The President 

14 may by Executive order exempt not more than one rule 

15 during each Congress from the application of subsection 

16 (a) for a period of not more than 30 days if the President 

17 determines, and submits to Congress written notice of 

18 such determination, that such rule is— 

19 ‘‘(1) necessary because of an imminent threat 

20 to health or safety or other emergency; 

21 ‘‘(2) necessary for the enforcement of criminal 

22 laws; 

23 ‘‘(3) necessary for national security; or 

24 ‘‘(4) issued pursuant to any statute imple25 menting an international trade agreement. 


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1 ‘‘(d) JOINT RESOLUTION OF EXTENSION.— 

2 ‘‘(1) JOINT RESOLUTION DESCRIBED.—For 

3 purposes of this section, the term ‘joint resolution’ 

4 means only a joint resolution introduced on or after 

5 the date on which the report referred to subsection 

6 (b) is received by Congress (excluding days either 

7 House of Congress is adjourned for more than 3 

8 days during a session of Congress), the matter after 

9 the resolving clause of which is as follows: ‘That 

10 Congress extends the rule submitted by the l l 

11 relating to l l.’ (The blank spaces being appro12 priately filled in). The following shall apply to such 

13 a joint resolution: 

14 ‘‘(A) In the House, the majority leader of 

15 the House of Representatives (or his designee) 

16 and the minority leader of the House of Rep17 resentatives (or his designee) shall introduce 

18 such joint resolution (by request), within 3 leg19 islative days after Congress receives the report 

20 submitted under subsection (b). 

21 ‘‘(B) In the Senate, the majority leader of 

22 the Senate (or his designee) and the minority 

23 leader of the Senate (or his designee) shall in24 troduce such joint resolution described in sub25 section (a) (by request), within 3 session days 


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1 after Congress receives the report submitted 

2 under subsection (b). 

3 ‘‘(2) CONSIDERATION OF JOINT RESOLUTION.— 

4 Subsections (b) through (g) of section 802 shall 

5 apply to a joint resolution described in paragraph 

6 (1) of this subsection in the same manner as a joint 

7 resolution described in subsection (a) of section 802, 

8 except that for purposes of that subsection, the term 

9 ‘submission date’ means the date on which the Con10 gress receives the report submitted under subsection 

11 (b). 

12 ‘‘§ 810. Review of rules in effect 

13 ‘‘(a) ANNUAL REVIEW.—Beginning on the date that 

14 is 6 months after the date of enactment of this section 

15 and annually thereafter for the 9 years following, each 

16 agency shall designate not less than 10 percent of eligible 

17 rules made by that agency for review, and shall submit 

18 a report including each such eligible rule in the same man19 ner as a report under section 801(a)(1). Section 801 and 

20 section 802 shall apply to each such rule, subject to sub21 section (c) of this section. No eligible rule previously des22 ignated may be designated again. 

23 ‘‘(b) SUNSET FOR ELIGIBLE RULES NOT EX24 TENDED.—Beginning after the date that is 10 years after 

25 the date of enactment of this section, if Congress has not 


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1 enacted a joint resolution of approval for that eligible rule, 

2 that eligible rule shall not continue in effect. 

3 ‘‘(c) CONSOLIDATION; SEVERABILITY.—In applying 

4 sections 801 and 802 to eligible rules under this section, 

5 the following shall apply: 

6 ‘‘(1) The words ‘take effect’ shall be read as 

7 ‘continue in effect’. 

8 ‘‘(2) Except as provided in paragraph (3), a 

9 single joint resolution of approval shall apply to all 

10 eligible rules in a report designated for a year, and 

11 the matter after the resolving clause of that joint 

12 resolution is as follows: ‘That Congress approves the 

13 rules submitted by the ll for the year ll.’ (The 

14 blank spaces being appropriately filled in). 

15 ‘‘(3) It shall be in order to consider any amend16 ment that provides for specific conditions on which 

17 the approval of a particular eligible rule included in 

18 the joint resolution is contingent. 

19 ‘‘(4) A Member of either House may move that 

20 a separate joint resolution be required for a specified 

21 rule. 

22 ‘‘(d) DEFINITION.—In this section, the term ‘eligible 

23 rule’ means a major rule that is in effect as of the date 

24 of enactment of this section.’’. 


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1 SEC. 3. EFFECTIVE DATE. 

2 On the date that is 10 years after the date of enact3 ment of this Act— 

4 (1) section 810 of title 5, United States Code, 

5 is repealed; and 

6 (2) the table of sections for chapter 8 of such 

7 title is amended by striking the item pertaining to 

8 section 810. 

Æ 


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