H.R. 1226: Restoring Checks and Balances Act

The "Restoring Checks and Balances Act" is legislation aimed at limiting the duration of federal regulatory rules. Here’s a breakdown of its main components:

Sunset of Federal Regulations

Any federal regulation (referred to as a "covered rule") that is created after this bill is enacted will automatically expire five years after its effective date, unless Congress reauthorizes it. This means that once the five-year period is over, the regulation will no longer be valid unless Congress passes a new law to keep it in place.

Actions After Sunset

Once a regulation has expired, the agency that issued the regulation cannot issue, enforce, or alter it unless Congress takes action to reauthorize it.

Oversight

The oversight of this sunset process will be managed by the Director of the Office of Management and Budget (OMB) or by the head of the agency responsible for the particular regulation.

Reauthorization Requests

If an agency wishes to extend a regulation beyond the five-year limit, it must submit a reauthorization request to Congress. This request must be sent by December 1st, one year prior to the regulation's expiration and should include:

• A justification for why the regulation should continue.
• Information about any related rules.
• Recommendations or requests from Congressional committee members.

Agencies are encouraged to bundle multiple reauthorization requests together in one submission for efficiency. Additionally, any request submitted must be made publicly available on the agency's website.

Relationship to Administrative Procedure

The bill specifies that it does not change existing laws regarding administrative procedures that govern how regulations are created and managed.

Definitions

This section provides definitions for certain terms used in the bill, including:

• Agency: Defined as per existing legal definitions in U.S. law.
• Administrator: Refers to the head of the Office of Information and Regulatory Affairs within the OMB.
• Covered rule: A rule that meets specific criteria but excludes certain types, such as those related to military functions, enforcement of federal criminal laws, or those addressing urgent public safety threats.
• Sunset: Refers to a regulation ceasing to have any effect.

Relevant Companies

None found.