Article I Restoration Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 418 To sunset new Federal regulatory rules after 3 years, and for other purposes. 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 Judi- ciary, 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 A BILL To sunset new Federal regulatory rules after 3 years, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Article I Restoration 4 Act of 2021’’. 5 SEC. 2. SUNSET OF FEDERAL REGULATIONS AFTER 3 6 YEARS. 7 (a) SUNSET.—Any covered rule issued by an agency 8 after the date of the enactment of this Act shall sunset 9 VerDate Sep 11 2014 17:26 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H418.IH H418 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 418 IH on the date that is three years after the effective date of 1 such covered rule, unless specifically reauthorized by an 2 Act of Congress. 3 (b) AFTER SUNSET.—An agency may not reissue, en- 4 force, revise, or take other regulatory action related to a 5 covered rule that has sunset under subsection (a). 6 (c) OVERSIGHT BY OMB AND HEADS OF AGEN- 7 CIES.—The Director of the Office of Management and 8 Budget or the head of the relevant agency may oversee 9 the sunset of covered rules under subsection (a). 10 SEC. 3. SUBMISSION OF REQUEST FOR REAUTHORIZATION 11 TO CONGRESS. 12 (a) REQUEST FOR REAUTHORIZATION.—If the head 13 of an agency that issues covered rules wants to request 14 a reauthorization for such rules, such head shall, not later 15 than the December 1 that is one year before the date on 16 which the covered rule is scheduled to sunset, submit to 17 Congress and any appropriate committee of Congress a 18 report containing such request that includes— 19 (1) a justification for the reauthorization of 20 each covered rule; 21 (2) any related covered rules; and 22 (3) any recommendation or request made by the 23 chair or ranking member of an appropriate com- 24 mittee of Congress. 25 VerDate Sep 11 2014 17:26 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H418.IH H418 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 418 IH (b) SINGLE SUBMISSION.—The head of an agency 1 submitting a request for reauthorization under subsection 2 (a) shall make every effort to bundle multiple requests for 3 reauthorization in a single submission. 4 (c) PUBLIC AVAILABILITY OF REPORTS.—Any report 5 submitted by the head of an agency under subsection (a) 6 shall be published on the public website of the agency. 7 SEC. 4. RELATIONSHIP TO THE ADMINISTRATIVE PROCE- 8 DURE. 9 Nothing in this Act shall be construed to supersede 10 the provisions of chapter 5, 6, or 7 of title 5, United States 11 Code. 12 SEC. 5. DEFINITIONS. 13 In this Act: 14 (1) AGENCY.—The term ‘‘agency’’ has the 15 meaning given that term in section 551 of title 5, 16 United States Code. 17 (2) ADMINISTRATOR.—The term ‘‘Adminis- 18 trator’’ means the Administrator of the Office of In- 19 formation and Regulatory Affairs in the Office of 20 Management and Budget. 21 (3) COVERED RULE.—The term ‘‘covered rule’’ 22 has the meaning given the term ‘‘rule’’ in section 23 551 of title 5, United States Code, but does not in- 24 clude a rule— 25 VerDate Sep 11 2014 17:26 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H418.IH H418 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 418 IH (A) issued in accordance with the formal 1 rulemaking provisions of sections 556 and 557 2 of title 5, United States Code; 3 (B) issued with respect to a military or 4 foreign affairs function of the United States; 5 (C) that the Administrator certifies in 6 writing is necessary for the enforcement of Fed- 7 eral criminal laws; 8 (D) that is limited to agency organization, 9 management, or personnel matters; or 10 (E) that is necessary due to an imminent 11 threat to human health or safety or any other 12 emergency. 13 (4) SUNSET.—The term ‘‘sunset’’ means to 14 have no force or effect. 15 Æ VerDate Sep 11 2014 17:26 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H418.IH H418 pamtmann on DSKBC07HB2PROD with BILLS