H. R. 418
IN THE HOUSE OF REPRESENTATIVES
January 21, 2021
Mr. Posey introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To sunset new Federal regulatory rules after 3 years, and for other purposes.
This Act may be cited as the
Article I Restoration Act of 2021.
Sunset of Federal regulations after 3 years
Any covered rule issued by an agency after the date of the enactment of this Act shall sunset on the date that is three years after the effective date of such covered rule, unless specifically reauthorized by an Act of Congress.
An agency may not reissue, enforce, revise, or take other regulatory action related to a covered rule that has sunset under subsection (a).
Oversight by OMB and heads of agencies
The Director of the Office of Management and Budget or the head of the relevant agency may oversee the sunset of covered rules under subsection (a).
Submission of request for reauthorization to Congress
Request for reauthorization
If the head of an agency that issues covered rules wants to request a reauthorization for such rules, such head shall, not later than the December 1 that is one year before the date on which the covered rule is scheduled to sunset, submit to Congress and any appropriate committee of Congress a report containing such request that includes—
a justification for the reauthorization of each covered rule;
any related covered rules; and
any recommendation or request made by the chair or ranking member of an appropriate committee of Congress.
The head of an agency submitting a request for reauthorization under subsection (a) shall make every effort to bundle multiple requests for reauthorization in a single submission.
Public availability of reports
Any report submitted by the head of an agency under subsection (a) shall be published on the public website of the agency.
Relationship to the administrative procedure
Nothing in this Act shall be construed to supersede the provisions of chapter 5, 6, or 7 of title 5, United States Code.
In this Act:
The term agency has the meaning given that term in section 551 of title 5, United States Code.
The term Administrator means the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget.
The term covered rule has the meaning given the term rule in section 551 of title 5, United States Code, but does not include a rule—
issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code;
issued with respect to a military or foreign affairs function of the United States;
that the Administrator certifies in writing 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.
The term sunset means to have no force or effect.