Restoring Checks and Balances Act
The Restoring Checks and Balances Act would require that any new federal regulatory rule issued after the law’s enactment automatically sunset five years later unless Congress specifically approves its reauthorization. After sunset, agencies could not reissue, enforce, or revise that rule. To seek reauthorization, an agency head must submit a report to Congress by December 1 of the year before the sunset date, outlining justification, related rules, and any committee recommendations; agencies should try to bundle multiple requests. The bill preserves existing administrative law procedures and makes the reauthorization reports publicly available. The bill defines “covered rules” narrowly, excluding many rule types (such as formal rulemaking, military/foreign affairs rules, criminal-enforcement rules, internal organizational matters, and emergencies). In short, the bill imposes a five-year initial lifespan on new major federal rules unless Congress actively reauthorizes them, instituting a built-in renewal process and heightened oversight.
Key Points
- 1Sunset of new rules after 5 years: Any covered rule issued after enactment automatically loses force five years later unless Congress reauthorizes it.
- 2Prohibition after sunset: Agencies may not reissue, enforce, revise, or take regulatory action related to a sunsetted covered rule.
- 3Reauthorization process: If an agency wants to renew a rule, the agency head must submit a reauthorization request to Congress by December 1 of the year before the sunset, including justification, related rules, and any committee recommendations; agencies should bundle requests where possible.
- 4Transparency: Reauthorization reports must be published on the agency’s public website.
- 5Relationship to existing law: The act does not override chapters 5, 6, or 7 of title 5 (the Administrative Procedure Act’s general procedures).
- 6Definitions and scope: A “covered rule” is a rule under 5 U.S.C. § 551, with several specific exemptions (e.g., formal rulemaking, military/foreign affairs, criminal-enforcement rules, internal organization matters, and emergencies).