Five-Year Sunset for Federal Regulations

Full Title:
Restoring Checks and Balances Act

Summary#

This bill would make most new federal rules expire (sunset) five years after they take effect unless Congress passes a law to reauthorize them. Agencies would not be allowed to keep enforcing, reissue, or revise a rule after it sunsets. The bill aims to increase Congressional oversight of federal rulemaking and to force periodic review of agency rules.

  • Main change: New covered rules issued after the bill becomes law would automatically lose force five years after their effective date unless Congress reauthorizes each rule by statute.
  • Who decides reauthorization: Reauthorization must come from an Act of Congress (a new law).
  • Agency reporting: Agencies must send Congress a reauthorization request (with justification and related rules) by the December 1 that is one year before the rule’s sunset date. Agencies are told to bundle multiple requests when possible and to publish the request online.
  • Excluded rules: Rules are not covered if they come from formal hearing-based rulemaking, relate to military or foreign affairs, are certified by OIRA as needed to enforce federal criminal laws, are limited to agency organization or personnel, or are needed for imminent health, safety, or emergency reasons.
  • No change to APA procedures: The bill says it does not override parts of the Administrative Procedure Act (procedures for rulemaking and adjudication).

What it means for you#

  • Federal agencies and agency staff: Agencies would need to track when each new covered rule will sunset, prepare detailed reports and justifications at least one year before sunset, and may have to devote staff time to bundle and publish reauthorization requests. They cannot continue to enforce or revise a rule after it sunsets unless Congress reauthorizes it first.
  • Congress: Congress would receive more formal reauthorization requests and would need to act by passing laws to keep rules in force. This could increase workload for relevant committees and require decisions on many individual rules or packages of rules.
  • Office of Management and Budget (OMB)/OIRA: OMB or agency heads may oversee the sunset process. The OIRA Administrator has a limited role in exempting some rules (for criminal law enforcement).
  • Businesses, nonprofits, state and local governments, and individuals subject to federal rules: Regulated parties could face more regulatory uncertainty because rules could expire unless Congress reauthorizes them. This could affect planning, compliance investments, and long-term projects that rely on stable federal rules.
  • Public services and safety programs: If Congress does not reauthorize a rule that governs a public program or safety standard, the underlying regulatory requirement would lapse unless the bill’s emergency or other exceptions apply.

Expenses#

No publicly available information.

  • The bill does not include a fiscal note or cost estimate in the provided materials.
  • This could increase administrative costs for federal agencies (tracking, preparing, publishing reauthorization requests) and for Congress (considering and passing reauthorization laws).
  • Regulated entities could face indirect costs from uncertainty or the need to change practices if rules lapse.
  • The bill may create enforcement gaps if rules expire and Congress does not act; any costs from such gaps are not estimated in the bill text.

Proponents' View#

  • The bill appears intended to restore or increase Congressional oversight of federal rulemaking by requiring periodic legislative review and reauthorization.
  • A possible argument for the bill is that five-year sunsets would force agencies and Congress to review rules regularly, reducing outdated or unnecessary regulations.
  • Bundling of reauthorization requests and public posting could increase transparency about which rules need Congressional action.
  • Exemptions for emergencies, criminal enforcement, and internal agency matters are designed to prevent immediate harm from rules lapsing.

Opponents' View#

  • One concern is that requiring Congress to reauthorize every rule by statute could create gaps in regulation if Congress does not act in time, leaving no rule in force even where one is needed.
  • The bill does not explain how Congress should handle many individual reauthorization requests, which could overload committees and slow decision-making.
  • Agencies may face greater administrative and staffing burdens to track sunsets, prepare justifications, and bundle requests.
  • Regulated parties (businesses, states, localities) may face uncertainty about long-term planning and compliance if rules could disappear after five years.
  • It is unclear how the bill would interact with statutes that already give agencies continuing authority; the text says it does not supersede certain parts of the Administrative Procedure Act but does require Acts of Congress to reauthorize rules.