Restoring Checks and Balances Act

Restoring Checks and Balances Act

This bill requires any covered rule issued by a federal agency after this bill's enactment to sunset five years after its effective date unless the rule is specifically reauthorized by Congress.

A covered rule generally means a rule under the Administrative Procedure Act, but does not include a rule

• issued in accordance with specified formal rulemaking provisions of the Administrative Procedure Act;
• issued with respect to a military or foreign affairs function of the United States;
• that the Office of Information and Regulatory Affairs certifies is necessary for the enforcement of federal criminal laws;
• that is limited to agency organization, management, or personnel matters; or
• that is necessary due to an imminent threat to human health or safety or any other emergency.

An agency may not reissue, enforce, revise, or take other regulatory action related to a covered rule that has sunset.

The Office of Management and Budget or the relevant agency may oversee the sunset of covered rules.

If the agency that issues covered rules wants to request a reauthorization for such rules, such agency shall submit to Congress a report that includes (1) a justification for such reauthorization, (2) any related covered rules, and (3) any recommendation or request made by the chair or ranking member of an appropriate congressional committee.