H.R.1226 - Restoring Checks and Balances Act (119th Congress)
Summary
H.R.1226, the Restoring Checks and Balances Act, proposes that all new federal regulatory rules automatically expire after five years unless Congress specifically reauthorizes them. The bill mandates agencies to submit reauthorization requests to Congress one year before the rule's sunset date, including justifications and related information. It aims to increase congressional oversight of federal regulations.
Expected Effects
This bill would likely lead to a significant reduction in the number of federal regulations over time, as it places the onus on agencies to justify and Congress to actively reauthorize existing rules. It could also shift power from the executive branch (agencies) to the legislative branch (Congress) regarding regulatory policy. The bill explicitly states that it does not supersede the Administrative Procedure Act.
Potential Benefits
- Increased Congressional Oversight: Ensures Congress actively reviews and approves regulations.
- Reduced Regulatory Burden: Prevents outdated or ineffective regulations from remaining in effect indefinitely.
- Greater Agency Accountability: Requires agencies to justify the need for regulations.
- Potential for Innovation: Could encourage agencies to develop more efficient and effective regulatory approaches.
- Public Input: Requires agencies to publish reauthorization requests, increasing transparency.
Most Benefited Areas:
Potential Disadvantages
- Increased Workload for Congress: Requires Congress to review and vote on numerous regulations, potentially overwhelming the legislative process.
- Regulatory Uncertainty: Creates uncertainty for businesses and individuals subject to regulations, as they may not know if a rule will be reauthorized.
- Potential for Political Influence: Reauthorization decisions could be influenced by political considerations rather than the merits of the regulation.
- Agency Inefficiency: Agencies may spend significant resources preparing reauthorization requests, diverting resources from other priorities.
- Risk of Lapses in Important Regulations: Important regulations could expire if Congress fails to act in a timely manner.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. By requiring congressional reauthorization of regulations, it reinforces Congress's role in making laws. The bill also touches on the separation of powers, potentially shifting some regulatory authority from the executive to the legislative branch. However, the constitutionality of sunset provisions has not been directly addressed by the Supreme Court, leaving room for interpretation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).