Overview
Title
To amend chapter 8 of title 5, United States Code, to provide for Congressional oversight of agency rulemaking, and for other purposes.
ELI5 AI
The bill wants to make sure that when government agencies create important rules, these rules will automatically end after 10 years unless Congress decides to keep them. This way, Congress gets to check and decide if those rules are still needed.
Summary AI
H.R. 7455, known as the “Sunset Act of 2024,” aims to increase Congressional oversight of federal agency rulemaking by establishing a system where major rules expire after 10 years unless Congress approves an extension. The bill would require agencies to review and report on a portion of their rules annually, with those rules expiring if Congress does not enact a joint resolution of approval. It also allows the President to exempt one rule per Congress from expiration for up to 30 days under specific conditions, such as threats to health or safety.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Sunset Act of 2024," seeks to introduce a system of Congressional oversight on the rulemaking processes of federal agencies. Specifically, it amends Chapter 8 of Title 5 in the United States Code. The bill mandates that major rules created by agencies automatically expire 10 years after being enacted unless Congress explicitly extends them. Additionally, it requires agencies to regularly review their rules and report their findings to Congress. The President has limited authority to exempt one rule per Congress from expiration, provided it meets certain criteria related to emergencies or significant national interest.
Summary of Significant Issues
There are several critical issues outlined concerning this bill. One major concern is the automatic expiration, or "sunset," of rules after 10 years unless renewed by Congress. This provision could disrupt the continuity of essential regulations that protect public health and safety. Furthermore, the restriction on reissuing rules that are substantially similar to expired ones, unless specifically authorized, might hinder the ability to update regulations in response to new challenges or information.
The process requiring joint resolutions to extend rules is seen as potentially cumbersome and politically contentious, possibly resulting in important regulations lapsing due to legislative gridlock. The President’s ability to exempt only one rule per Congressional session might not suffice in times of multiple emergencies, leaving the government without necessary tools to respond effectively. Additionally, ambiguities in the terms "eligible rule" and "major rule" may create confusion and inconsistencies in how rules are reviewed and sunset.
Impact on the Public
For the general public, the bill could lead to significant changes in how federal regulations are maintained and enforced. On the one hand, the introduced oversight mechanism aims to enhance accountability and ensure that outdated or ineffective regulations do not persist. However, there is a risk that essential rules could expire due to procedural hurdles or political disagreements, potentially compromising public welfare and safety. The bill's provisions may lead to more frequent legislative debates over regulatory policies, which could either improve responsiveness to public needs or cause instability in regulatory frameworks.
Impact on Specific Stakeholders
For federal agencies, this bill would impose additional administrative duties, requiring regular review and reporting on their regulations. This could strain their resources, especially if these processes are not adequately supported or prioritized. The requirement to automatically sunset rules may also deter agencies from introducing new regulations without assured longevity.
The business community might view the bill positively as it introduces a mechanism to eliminate potentially burdensome regulations. However, the uncertainty regarding which rules might expire could also lead to instability, affecting long-term planning and investment strategies.
On the other hand, advocacy groups focused on public health, safety, and environmental protection might express concern over the potential for critical regulations to lapse. They may argue that the bill prioritizes regulatory reduction over substantive evaluation of a rule's effectiveness and necessity.
Overall, while the bill ostensibly encourages a thorough review process for agency rules, the actual impacts heavily depend on the alignment of legislative and administrative operations and the political climate's influence on Congressional decision-making.
Issues
The requirement in Section 2 for all major rules to automatically sunset after 10 years unless extended could lead to significant disruptions in regulatory continuity, potentially impacting public health, safety, and welfare due to the automatic expiration of critical regulations.
The language in Sections 2 and 809 regarding the reissuance of rules being prohibited unless specifically authorized may restrict necessary regulatory updates, causing inflexibility in adapting to new developments or emergencies.
The complexity of the joint resolution process in Sections 2 and 809 could lead to increased politicization and potential deadlock, hindering efficient decision-making and the maintenance of important regulations.
The provision in Sections 2 and 809 allowing the President to exempt only one rule per Congress from the sunset process might be insufficient during times of multiple concurrent emergencies, risking inadequate regulatory response.
Ambiguities in the definitions of 'eligible rule' and 'major rule' in Sections 809 and 810 may create confusion and inconsistent application of the rule review and sunset processes.
The annual review requirement in Section 810 obligating agencies to designate at least 10 percent of eligible rules each year for nine years might lead to excessive administrative burden without clear prioritization, resulting in inefficiencies.
The prohibition on reissuing or issuing new rules that are 'substantially the same' as expired ones, as detailed in Section 809, lacks clear guidelines and could impede necessary regulatory functions by creating legal ambiguities.
The lack of clear criteria or guidance for moving separate joint resolutions for specified rules, as mentioned in Section 810, may lead to inconsistent legislative oversight and regulation fragmentation.
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 this act gives it the official name "Sunset Act of 2024," which is a short title used for reference.
2. Congressional review of agency rulemaking Read Opens in new tab
Summary AI
The text amends Chapter 8 of Title 5 in the U.S. Code to establish expiration dates for major agency rules, generally ending their effect ten years after relevant joint resolutions are enacted, unless an extension is specifically authorized by law. It includes provisions for agencies to review at least 10% of their rules annually and report to Congress, with rules ceasing if Congress does not approve them, and allows the President to exempt one rule per Congress from expiration for up to 30 days in emergencies or other specified situations.
809. Sunset for rules Read Opens in new tab
Summary AI
Under this section, major rules created by an agency automatically expire 10 years after approval unless extended by Congress. Additionally, the President can exempt one rule per Congress for up to 30 days due to emergencies or other critical needs.
810. Review of rules in effect Read Opens in new tab
Summary AI
This section requires each agency to review at least 10% of its major rules annually for 9 years after the law is enacted, and provide a report to Congress. If Congress does not approve a rule within 10 years, that rule will expire.
3. Effective date Read Opens in new tab
Summary AI
In 10 years from when this law is passed, section 810 of title 5 in the United States Code will be removed, and the list of sections in chapter 8 will be updated to take out the reference to section 810.