Overview
Title
To sunset new Federal regulatory rules after 5 years, and for other purposes.
ELI5 AI
In this bill, any new rules made by the government will disappear after five years unless Congress decides to keep them. The rules can't be changed or reused if they expire, and important ones like emergency rules are treated differently.
Summary AI
H.R. 1226, titled the "Restoring Checks and Balances Act," proposes that any new federal regulatory rules created by agencies will automatically expire five years after they take effect, unless Congress specifically renews them. Once a rule expires, agencies cannot reuse, enforce, or modify it. The bill also requires agency heads to request reauthorization from Congress by providing justifications one year before the rules are set to expire and mandates that these reports be publicly available. It clarifies that this process does not override existing administrative procedures or certain categories of rules, such as those related to emergencies or military functions.
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AnalysisAI
General Summary of the Bill
The bill titled "Restoring Checks and Balances Act" seeks to change how federal regulations are managed in the United States. Specifically, it proposes that any federal regulation created after the bill becomes law would automatically expire, or "sunset," five years after it takes effect unless Congress intervenes to reauthorize it. The bill involves various stakeholders, including Congress, federal agencies, and the Office of Management and Budget (OMB), each playing a role in the potential reauthorization or expiration process of these regulations.
Summary of Significant Issues
One significant issue within the bill is the ambiguity surrounding the definition of "covered rule." Without a clear understanding of which rules are subject to this five-year sunset clause, the implementation of the bill could lead to confusion and misinterpretation.
Furthermore, the lack of specific criteria or a transparent process for reauthorizing regulations poses a potential risk. This could lead to legislative gridlock or selective reauthorization based on political influences rather than the merit or necessity of the regulation itself. The oversight roles assigned to the OMB and agency heads are also not well-defined, risking inconsistent enforcement of the sunset process.
Additionally, the bill's requirement to bundle multiple reauthorization requests into a single submission is criticized for potentially leading to inefficiencies, particularly if some rules might need consideration at different times. The absence of guidelines for handling denied reauthorization requests also creates uncertainty about the future of expired regulations.
Impact on the Public Broadly
For the general public, this bill could bring significant changes to the regulatory landscape, affecting everything from environmental protections to health and safety standards. On one hand, it offers the promise of reconsidering and potentially removing obsolete or ineffective regulations, which could streamline government processes and reduce bureaucratic overhead. On the other hand, the potential for crucial regulations to lapse due to political or administrative delays could disrupt services or safeguards that many rely on for safety and wellbeing.
Impact on Specific Stakeholders
Government Agencies: Agencies would face increased administrative burdens to justify maintaining each regulation periodically under this bill. They would need to allocate resources to prepare reports and advocate for the necessity of rules that may be inherently vital but politically contested.
Congress: This bill could significantly increase Congress's workload, requiring them to evaluate and authorize numerous regulations regularly.
Businesses: Many businesses might welcome reduced regulatory burdens but could also face uncertainty during periods when important regulations are set to expire and undergo review.
Public Interest Groups: Organizations advocating for consumer safety, environmental protection, or public health might have concerns regarding the periodic expiration of regulations essential to their causes, especially if the reauthorization process becomes a political battleground.
In summary, while the bill aims to foster a more dynamic and accountable regulatory system, it also presents challenges in maintaining continuity and stability in rule-making, potentially impacting various aspects of public life and myriad stakeholders.
Issues
The lack of a definition for 'covered rule' in Section 2 and Section 3 could lead to significant ambiguity about which federal regulations would sunset and require reauthorization. This could have widespread legal and regulatory implications.
Section 2's provision for regulations to sunset after five years without a specific process or criteria for reauthorization, as well as potential impacts on important regulations related to public safety and welfare, raises concerns about regulatory continuity and effectiveness.
The provision in Section 2 allowing reauthorization by an Act of Congress could lead to legislative gridlock and selective reauthorization, influenced by political factors, potentially affecting the stability and predictability of regulatory environments.
The oversight role of the Office of Management and Budget and agency heads in Section 2 lacks detail on how oversight will be conducted, possibly leading to inconsistent enforcement of the sunset process and its compliance.
Section 3's requirement to bundle multiple reauthorization requests in a single submission might lead to inefficiencies, especially if different rules require reauthorization at different times, affecting agency operations and regulatory outcomes.
The lack of clarity about the fate of regulations if a reauthorization request is denied in Section 3 creates a legal and procedural gap, complicating the enforcement and management of existing regulations.
Section 5 provides definitions that are heavily reliant on references to other sections of the United States Code, making it difficult for those not well-versed in legal terminology to fully understand the bill, potentially impacting public transparency and comprehension.
The section title 'Short Title' in Section 1 is very brief and lacks substantive content, reflecting a broader absence of actionable details or insights into the bill's intentions and implications.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill, titled "Short title," states that this piece of legislation can be referred to as the “Restoring Checks and Balances Act”.
2. Sunset of Federal regulations after 5 years Read Opens in new tab
Summary AI
Any federal rule made after this law is passed will automatically expire five years after it becomes effective unless Congress decides to keep it. After a rule expires, the agency that created it cannot enforce or modify it. The Office of Management and Budget or the head of the relevant agency will manage the expiration process of these rules.
3. Submission of request for reauthorization to Congress Read Opens in new tab
Summary AI
The section outlines the process for an agency head to request Congress to renew rules that are due to expire, requiring them to submit a report by December 1 of the year before the rules expire. This report must justify the renewal, list related rules, and include any input from Congress members, and it should be available to the public online.
4. Relationship to the administrative procedure Read Opens in new tab
Summary AI
This section makes it clear that nothing in the Act is meant to override certain existing laws in the United States Code related to administrative procedures.
5. Definitions Read Opens in new tab
Summary AI
The section outlines definitions for terms used in the Act. It explains that "agency" refers to its definition in the U.S. Code, while “Administrator” is the person leading the Office of Information and Regulatory Affairs. A “covered rule” is a specific type of rule with some exceptions like those related to military or emergencies, and “sunset” means something will no longer be in effect.