The "Restoring Checks and Balances Act" ensures federal regulations automatically expire after five years unless Congress reauthorizes them, promoting congressional oversight and agency accountability.
Marlin Stutzman
Representative
IN-3
The "Restoring Checks and Balances Act" introduces a five-year sunset provision for new federal regulations, requiring Congressional reauthorization for them to continue. Agency heads must submit reauthorization requests to Congress with justifications one year before expiration, and these reports must be publicly accessible. This act does not override the Administrative Procedure Act and defines key terms such as "agency," "covered rule," and "sunset" to clarify the scope and implementation of the new requirements. Certain types of rules are excluded, such as those related to military or foreign affairs, or those needed for enforcing federal criminal laws.
New 'Restoring Checks and Balances Act' Puts 5-Year Expiration Date on Federal Regulations
The "Restoring Checks and Balances Act" sets a five-year expiration date on a wide swath of federal regulations. Unless Congress steps in to reauthorize them, these rules will automatically sunset, meaning they'll no longer be in effect. This applies to regulations issued after the bill becomes law. The goal, as stated in the bill, is to restore the balance of power by giving Congress more oversight over federal agencies. The bill includes several exceptions, including regulations related to military/foreign affairs, criminal law enforcement, and certified emergencies (SEC. 5).
Regulatory Rollercoaster?
This bill essentially forces a regular review of a large chunk of the federal regulatory landscape. Any agency that wants its rules to stick around longer than five years will have to formally request reauthorization from Congress, providing a justification and laying out any related rules (SEC. 3). Think of it like a mandatory performance review for regulations, but instead of your boss, it's Congress holding the clipboard. This reauthorization request must happen a full year before the rule is set to expire. These requests will be made public on the agency's website.
Real-World Rollout
Imagine a small business owner struggling to keep up with constantly shifting environmental regulations. Under this law, those regulations might disappear after five years unless Congress actively decides they're still needed. Or consider a healthcare worker dealing with new safety protocols. Those protocols would also face a five-year review. The catch? This doesn't apply to all rules. Regulations issued under formal procedures (defined in sections 556 and 557 of title 5, United States Code), those dealing with the military or foreign affairs, anything certified by the Office of Management and Budget as crucial for enforcing criminal laws, rules about internal agency matters, or those responding to an "imminent threat to health, safety, or other emergency" are exempt (SEC. 5). It is important to note that how "imminent threat" is defined could become a point of contention.
Challenges and the Big Picture
While the stated aim is to increase accountability, this bill could create some practical headaches. Agencies might find themselves in a constant cycle of lobbying for reauthorization, potentially diverting resources from their core missions. There's also the risk of political gridlock: if Congress can't agree on reauthorizing a rule, it simply vanishes, potentially creating instability. It could also add a significant workload to congressional staff. The bill specifies that it doesn't override the Administrative Procedure Act (SEC. 4), which governs how agencies make rules in the first place, so the existing framework for creating regulations remains in place.