Bill Summary
The "Restoring Checks and Balances Act" proposes that any new federal regulatory rules issued by agencies will automatically expire (or "sunset") five years after their effective date unless Congress explicitly reauthorizes them. This legislation aims to enhance accountability and oversight of federal regulations by requiring agencies to justify the continuation of their rules periodically.
Key provisions include:
1. **Automatic Expiration**: New regulations will cease to be effective after five years unless Congress acts to renew them.
2. **Restrictions on Agencies**: Once a regulation sunsets, the agency cannot enforce or modify it without reauthorization.
3. **Reauthorization Process**: Agencies must submit a detailed request for reauthorization to Congress one year before the sunset date, including justifications and related rules.
4. **Transparency**: Requests for reauthorization must be publicly available on the agency's website.
5. **Exemptions**: Certain rules, such as those related to military affairs, criminal law enforcement, or emergencies, are excluded from this sunset provision.
Overall, the act is designed to increase legislative oversight and ensure that federal regulations remain relevant and necessary over time.
Possible Impacts
The "Restoring Checks and Balances Act," which proposes a sunset provision for new federal regulatory rules after five years, could have several implications for individuals and organizations. Here are three examples:
1. **Impact on Business Operations**: Businesses that rely on specific federal regulations may face uncertainty as rules could potentially expire every five years. For instance, a company that has adjusted its practices based on a new environmental regulation would need to prepare for the possibility that the regulation may not be renewed. This could lead to increased costs for compliance or adjustments in business strategies, as companies would have to continuously monitor which regulations are active and which have sunsetted.
2. **Public Health and Safety Concerns**: Regulations related to public health and safety, such as those governing food safety or workplace safety, could be at risk of expiration. If a covered rule that protects public health fails to be reauthorized, there might be a gap in regulatory oversight, which could lead to increased risks for consumers and workers. For example, if a rule on workplace exposure limits to hazardous materials sunsets, employees may be exposed to unsafe conditions without the protection that the regulation previously provided.
3. **Political and Administrative Burden**: The requirement for agencies to justify the reauthorization of regulations every five years could create a significant administrative burden. This process may divert resources and attention from other critical agency functions and lead to delays in implementing necessary regulations. Additionally, if a regulation is politically contentious, it may be challenging to gather the required support for reauthorization, potentially resulting in the loss of important protections that benefit the public or the environment.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1226 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1226
To sunset new Federal regulatory rules after 5 years, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2025
Mr. Stutzman (for himself, Mr. Weber of Texas, and Mr. Norman)
introduced the following bill; which was referred to the Committee on
Oversight and Government Reform, and in addition to the Committee on
the Judiciary, 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 sunset new Federal regulatory rules after 5 years, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Checks and Balances Act''.
SEC. 2. SUNSET OF FEDERAL REGULATIONS AFTER 5 YEARS.
(a) Sunset.--Any covered rule issued by an agency after the date of
the enactment of this Act shall sunset on the date that is five years
after the effective date of such covered rule, unless specifically
reauthorized by an Act of Congress.
(b) After Sunset.--An agency may not reissue, enforce, revise, or
take other regulatory action related to a covered rule that has sunset
under subsection (a).
(c) Oversight by OMB and Heads of Agencies.--The Director of the
Office of Management and Budget or the head of the relevant agency may
oversee the sunset of covered rules under subsection (a).
SEC. 3. SUBMISSION OF REQUEST FOR REAUTHORIZATION TO CONGRESS.
(a) Request for Reauthorization.--If the head of an agency that
issues covered rules wants to request a reauthorization for such rules,
such head shall, not later than the December 1 that is one year before
the date on which the covered rule is scheduled to sunset, submit to
Congress and any appropriate committee of Congress a report containing
such request that includes--
(1) a justification for the reauthorization of each covered
rule;
(2) any related covered rules; and
(3) any recommendation or request made by the chair or
ranking member of an appropriate committee of Congress.
(b) Single Submission.--The head of an agency submitting a request
for reauthorization under subsection (a) shall make every effort to
bundle multiple requests for reauthorization in a single submission.
(c) Public Availability of Reports.--Any report submitted by the
head of an agency under subsection (a) shall be published on the public
website of the agency.
SEC. 4. RELATIONSHIP TO THE ADMINISTRATIVE PROCEDURE.
Nothing in this Act shall be construed to supersede the provisions
of chapter 5, 6, or 7 of title 5, United States Code.
SEC. 5. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Information and Regulatory
Affairs in the Office of Management and Budget.
(3) Covered rule.--The term ``covered rule'' has the
meaning given the term ``rule'' in section 551 of title 5,
United States Code, but does not include a rule--
(A) issued in accordance with the formal rulemaking
provisions of sections 556 and 557 of title 5, United
States Code;
(B) issued with respect to a military or foreign
affairs function of the United States;
(C) that the Administrator certifies in writing is
necessary for the enforcement of Federal criminal laws;
(D) that is limited to agency organization,
management, or personnel matters; or
(E) that is necessary due to an imminent threat to
human health or safety or any other emergency.
(4) Sunset.--The term ``sunset'' means to have no force or
effect.
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