Official Summaries

Restoring Checks and Balances Act

This bill requires any covered rule issued by a federal agency after this bill's enactment to sunset five years after its effective date unless the rule is specifically reauthorized by Congress.

A covered rule generally means a rule under the Administrative Procedure Act, but does not include a rule

• issued in accordance with specified formal rulemaking provisions of the Administrative Procedure Act;
• issued with respect to a military or foreign affairs function of the United States;
• that the Office of Information and Regulatory Affairs certifies is necessary for the enforcement of federal criminal laws;
• that is limited to agency organization, management, or personnel matters; or
• that is necessary due to an imminent threat to human health or safety or any other emergency.

An agency may not reissue, enforce, revise, or take other regulatory action related to a covered rule that has sunset.

The Office of Management and Budget or the relevant agency may oversee the sunset of covered rules.

If the agency that issues covered rules wants to request a reauthorization for such rules, such agency shall submit to Congress a report that includes (1) a justification for such reauthorization, (2) any related covered rules, and (3) any recommendation or request made by the chair or ranking member of an appropriate congressional committee.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1226 Introduced in House (IH)]

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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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