Now, if I may ask the Senator this. The Senator said that under S. 343 rules automatically sunset. Now, two questions: First, is he not aware that in S. 343 we now provide--this has been added since it originally started--that any interested party may petition the court of appeals for D.C. to get an extension of up to 2 years upon a showing that the rule is likely to terminate, that the agency needs additional time, that terminating the rule would be in the public interest, and that the agency has not expeditiously completed its review. You cannot only get an extension of 2 years, but you can get such court orders as are appropriate, such as to complete the rulemaking, or commence the rulemaking, or advance the schedule, whatever court orders are necessary; and is he aware of that, and in light of that, would he not say that a sunset is not automatic under S. 343 but is subject to that extension?
David Cay Johnston: “Now, if I may ask the Senator this. The Senator said that under S. 343 rules automatically sunset. Now, two questions…”
Editor's note · Context
Questioning the automatic sunset provision in S. 343 during Senate debate.
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