I 
117TH CONGRESS 
2D SESSION 
H. R. 8563 
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 
JULY 28, 2022 
Mr. EMMER (for himself, Mrs. CAMMACK, Mr. DONALDS, Mr. CARTER of 
Georgia, Mr. BANKS, Mr. CLOUD, Mr. TIFFANY, Mr. BILIRAKIS, Mr. 
NORMAN, Mr. SMITH of Nebraska, Mr. ELLZEY, Mr. RUTHERFORD, Ms. 
MACE, Mr. HIGGINS of Louisiana, Mr. GOSAR, Mr. ROY, and Mr. 
MULLIN) introduced the following bill; which was referred to the Com-
mittee 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 com-
mittee 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 2022’’. 
VerDate Sep 11 2014 
01:27 Aug 10, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8563.IH
H8563
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
Chapter 8 of title 5, United States Code, is amend-
ed— 
(1) in the table of sections, by adding at the 
end the following: 
‘‘809. Sunset for rules. 
‘‘810. Review of rules in effect.’’; 
and 
(2) by adding at the end the following: 
‘‘§ 809. Sunset for rules 
‘‘(a) EXPIRATION OF RULE.— 
‘‘(1) IN GENERAL.—Except as provided in this 
section, each major rule made by an agency shall 
cease to have effect— 
‘‘(A) beginning on the date that is 10 
years after the date of enactment of a joint res-
olution described in subsection (d) with regard 
to the rule; or 
‘‘(B) if a joint resolution of extension de-
scribed in subsection (d) has been enacted with 
regard to the rule, beginning on the date that 
is 10 years after the date of enactment of the 
most recently enacted such joint resolution. 
‘‘(2) REISSUANCE
OF
THE
RULE
PROHIB-
ITED.—The rule may not be reissued in substan-
VerDate Sep 11 2014 
01:27 Aug 10, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8563.IH
H8563
pbinns on DSKJLVW7X2PROD with $$_JOB
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-
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 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 imple-
menting an international trade agreement. 
VerDate Sep 11 2014 
01:27 Aug 10, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8563.IH
H8563
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(d) JOINT RESOLUTION OF EXTENSION.— 
‘‘(1) JOINT
RESOLUTION
DESCRIBED.—For 
purposes of this section, the term ‘joint resolution’ 
means only a joint resolution introduced on or after 
the date on which the report referred to subsection 
(b) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 
days during a session of Congress), the matter after 
the resolving clause of which is as follows: ‘That 
Congress extends the rule submitted by the l l 
relating to l l.’ (The blank spaces being appro-
priately filled in). The following shall apply to such 
a joint resolution: 
‘‘(A) In the House, the majority leader of 
the House of Representatives (or his designee) 
and the minority leader of the House of Rep-
resentatives (or his designee) shall introduce 
such joint resolution (by request), within 3 leg-
islative days after Congress receives the report 
submitted under subsection (b). 
‘‘(B) In the Senate, the majority leader of 
the Senate (or his designee) and the minority 
leader of the Senate (or his designee) shall in-
troduce such joint resolution described in sub-
section (a) (by request), within 3 session days 
VerDate Sep 11 2014 
01:27 Aug 10, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8563.IH
H8563
pbinns on DSKJLVW7X2PROD with $$_JOB
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 Con-
gress receives the report submitted under subsection 
(b). 
‘‘§ 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 man-
ner as a report under section 801(a)(1). Section 801 and 
section 802 shall apply to each such rule, subject to sub-
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 
VerDate Sep 11 2014 
01:27 Aug 10, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8563.IH
H8563
pbinns on DSKJLVW7X2PROD with $$_JOB
enacted a joint resolution of approval for that eligible rule, 
that eligible rule shall not continue in effect. 
‘‘(c) CONSOLIDATION; SEVERABILITY.—In applying 
sections 801 and 802 to eligible rules under this section, 
the following shall apply: 
‘‘(1) The words ‘take effect’ shall be read as 
‘continue in effect’. 
‘‘(2) Except as provided in paragraph (3), a 
single joint resolution of approval shall apply to all 
eligible rules in a report designated for a year, and 
the matter after the resolving clause of that joint 
resolution is as follows: ‘That Congress approves the 
rules submitted by the ll for the year ll.’ (The 
blank spaces being appropriately filled in). 
‘‘(3) It shall be in order to consider any amend-
ment that provides for specific conditions on which 
the approval of a particular eligible rule included in 
the joint resolution is contingent. 
‘‘(4) A Member of either House may move that 
a separate joint resolution be required for a specified 
rule. 
‘‘(d) DEFINITION.—In this section, the term ‘eligible 
rule’ means a major rule that is in effect as of the date 
of enactment of this section.’’. 
VerDate Sep 11 2014 
01:27 Aug 10, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8563.IH
H8563
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 3. EFFECTIVE DATE. 
On the date that is 10 years after the date of enact-
ment 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. 
Æ 
VerDate Sep 11 2014 
01:27 Aug 10, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H8563.IH
H8563
pbinns on DSKJLVW7X2PROD with $$_JOB