I 
112TH CONGRESS 
2D SESSION 
H. R. 6333 
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 
AUGUST 2, 2012 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sunset Act of 2012’’. 
SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
Chapter 8 of title 5, United States Code, is amended 
to read as follows: 
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‘‘(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 Comp-
troller General and make available to each House of Con-
gress— 
‘‘(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 require-
ments under any other Act and any relevant Execu-
tive orders. 
‘‘(D) Upon receipt of a report submitted under sub-
paragraph (A), each House shall provide copies of the re-
port to the chairman and ranking member of each stand-
ing 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 in-
cluded in the report is issued. 
‘‘(2)(A) The Comptroller General shall provide a re-
port on each rule to the committees of jurisdiction by the 
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end of 15 calendar days after the submission or publica-
tion 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 Comp-
troller 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 pro-
vided for in the rule following enactment of a joint resolu-
tion 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 sub-
section (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 Representa-
tives or the Senate. 
‘‘(b)(1) A rule shall not take effect unless the Con-
gress 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 
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legislative days, as applicable, beginning on the date on 
which the report referred to in section 801(a)(1)(A) is re-
ceived by Congress (excluding days either House of Con-
gress 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 
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‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘(3) An exercise by the President of the authority 
under this subsection shall have no effect on the proce-
dures under section 802. 
‘‘(d)(1) In addition to the opportunity for review oth-
erwise provided under this chapter, in the case of any rule 
included in a report submitted in accordance with sub-
section (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 Representa-
tives, 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, sec-
tion 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— 
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‘‘(I) in the case of the Senate, the 15th 
session day, or 
‘‘(II) in the case of the House of Rep-
resentatives, the 15th legislative day, 
after the succeeding session of Congress first con-
venes; 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 sub-
sections of this section). 
‘‘§ 802. Congressional approval procedure for rules 
‘‘(a) For purposes of this section, the term ‘joint res-
olution’ 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 ei-
ther House of Congress is adjourned for more than 3 days 
during a session of Congress), the matter after the resolv-
ing clause of which is as follows: ‘That Congress approves 
the rules submitted by the ll relating to ll.’ (The 
blank spaces being appropriately filled in). 
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‘‘(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 re-
ferred 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 re-
quest), 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 Con-
gress 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 ‘submis-
sion 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 
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shall be automatically discharged from further consider-
ation of the resolution and it shall be placed on the cal-
endar. 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 com-
mittees have been discharged from further consideration 
of the resolution. 
‘‘(d)(1) In the Senate, when the committee or com-
mittees to which a joint resolution is referred have re-
ported, 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 mo-
tion is not subject to amendment, or to a motion to post-
pone, 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 re-
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main 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 con-
ditions on which the approval of a particular rule included 
in the joint resolution is contingent. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (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 proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e)(1) In the House of Representatives, if the com-
mittee 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, 
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such committee or committees shall be automatically dis-
charged 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 resolu-
tion. 
‘‘(2)(A) A motion in the House of Representatives to 
proceed to the consideration of a resolution shall be privi-
leged 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 resolu-
tion shall be in order. No motion to recommit the resolu-
tion 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 reso-
lution is contingent. 
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‘‘(C) Motions to postpone, made in the House of Rep-
resentatives with respect to the consideration of a resolu-
tion, and motions to proceed to the consideration of other 
business, shall be decided without debate. 
‘‘(D) All appeals from the decisions of the Chair re-
lating to the application of the Rules of the House of Rep-
resentatives 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 resolu-
tion— 
‘‘(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, respec-
tively, and as such it is deemed a part of the rules 
of each House, respectively, but applicable only with 
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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. 
‘‘§ 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 al-
lowances therefore, corporate or financial struc-
tures, reorganizations, mergers, or acquisitions 
thereof, or accounting practices or disclosures 
bearing on any of the foregoing; 
‘‘(B) any rule relating to agency manage-
ment or personnel; or 
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‘‘(C) any rule of agency organization, pro-
cedure, or practice that does not substantially 
affect the rights or obligations of non-agency 
parties. 
‘‘§ 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 de-
termine whether a Federal agency has completed the nec-
essary requirements under this chapter for a rule to take 
effect. 
‘‘§ 805. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee. 
‘‘§ 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 man-
ner as a report under section 801(a)(1). Section 801 and 
section 802 shall apply to each such rule, subject to sub-
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section (c) of this section. No eligible rule previously des-
ignated may be designated again. 
‘‘(b) SUNSET
FOR
ELIGIBLE
RULES
NOT
EX-
TENDED.—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 ll for the year ll.’ (The 
blank spaces being appropriately filled in). 
‘‘(3) It shall be in order to consider any amend-
ment that provides for specific conditions on which 
the approval of a particular eligible rule included in 
the joint resolution is contingent. 
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‘‘(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 enact-
ment of this section. 
‘‘§ 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 res-
olution of approval with regard to the rule; or 
‘‘(B) if a joint resolution of extension de-
scribed 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
PROHIB-
ITED.—The rule may not be reissued in substan-
tially the same form, and a new rule that is substan-
tially the same as such a rule may not be issued, un-
less the reissued or new rule is specifically author-
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ized 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 Comp-
troller General, except that instead of the proposed effec-
tive 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 writ-
ten 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 imple-
menting 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 
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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 l l 
relating to l l.’ (The blank spaces being appro-
priately 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 Rep-
resentatives (or his designee) shall introduce 
such joint resolution (by request), within 3 leg-
islative 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 in-
troduce such joint resolution described in sub-
section (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 
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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 Con-
gress receives the report submitted under subsection 
(b).’’. 
Æ 
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