H.R. 1226 — Restoring Checks and Balances Act

This section provides the short title of the Act as the “Restoring Checks and Balances Act.”

This section establishes a 5-year sunset for any covered rule issued by an agency after enactment of the Act, requiring such a rule to terminate 5 years after its effective date unless Congress specifically reauthorizes it. It also prohibits an agency from reissuing, enforcing, revising, or otherwise taking regulatory action related to a covered rule after it has sunset, and authorizes the Director of the Office of Management and Budget or the relevant agency head to oversee the sunset process.

This section establishes a process for an agency head to request reauthorization of covered rules by submitting, not later than December 1 of the year before a covered rule is scheduled to sunset, a report to Congress and the appropriate committees that includes: (1) a justification for reauthorizing each covered rule, (2) any related covered rules, and (3) any recommendation or request made by the chair or ranking member of an appropriate committee. It also directs the agency head to make every effort to bundle multiple reauthorization requests in a single submission and requires the report to be published on the agency’s public website.

This section clarifies that the Act does not supersede chapter 5, 6, or 7 of title 5, United States Code, which govern administrative procedure, public information, and judicial review under the Administrative Procedure Act.

This section defines “agency” by reference to section 551 of title 5, United States Code, defines “Administrator” as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget, defines “covered rule” as a rule under section 551 of title 5, United States Code, but excludes rules issued through formal rulemaking under sections 556 and 557 of title 5, rules involving military or foreign affairs functions, rules certified by the Administrator as necessary to enforce Federal criminal laws, rules limited to agency organization, management, or personnel matters, and rules necessary because of an imminent threat to human health or safety or another emergency, and defines “sunset” to mean to have no force or effect.