Restoring Checks and Balances Act

Bill Number: H.R. 1226
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Government Operations and Politics
Status: Introduced
Latest Action: 2025-02-12: Referred to the Committee on Oversight and Government 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.
Last Updated: 2026-03-27T18:12:40Z

AI-Generated Summary

Purpose of the Legislation

The "Restoring Checks and Balances Act" (H.R. 1226) aims to increase congressional oversight of federal regulations by requiring most new rules issued by government agencies to automatically expire after five years unless Congress explicitly reauthorizes them. This is intended to prevent the buildup of outdated or unnecessary regulations and restore a balance between executive rulemaking and legislative authority.

Key Provisions

Sunset Requirement (Section 2): Any "covered rule" (a new regulation issued after the bill's enactment) will automatically lose legal force and effect five years after its effective date, unless Congress passes a law to reauthorize it. After expiration, agencies cannot enforce, revise, or take any related actions on the rule. The Office of Management and Budget (OMB) Director or the relevant agency head can oversee the expiration process.
Reauthorization Process (Section 3): Agency heads must submit a reauthorization request to Congress at least one year before a rule's expiration (by December 1). The request must include:
A justification for keeping the rule.
Details on any related rules.
Input from congressional committee leaders.

Agencies are encouraged to combine multiple requests into one submission, and all reports must be publicly posted on the agency's website.

Relation to Existing Procedures (Section 4): The bill does not override key parts of the Administrative Procedure Act (APA), which governs how agencies create and challenge rules (specifically chapters 5, 6, and 7 of Title 5, U.S. Code).
Definitions (Section 5):
Agency: Any federal executive department or independent agency (as defined in the APA).
Covered Rule: A general regulation with the force of law, but excluding:
Rules created through formal hearings (under APA sections 556 and 557).
Rules related to military or foreign affairs.
Rules certified as essential for enforcing federal criminal laws.
Internal agency rules on organization, management, or personnel.
Rules needed for emergencies threatening health, safety, or other urgent situations.
Sunset: The rule becomes void and has no legal effect.

Significant Changes to Existing Law

Introduces an automatic five-year expiration for most new regulations, which is a major shift from the current system where rules remain in place indefinitely unless repealed or modified through separate processes.
Mandates proactive congressional reauthorization, shifting authority from agencies (which currently issue rules with broad delegation from Congress) back toward legislative approval.
Builds on but does not replace the APA, ensuring the bill integrates with established rulemaking standards without disrupting them.

Potential Impacts

On Government Agencies: Agencies will face increased administrative burdens to justify and bundle reauthorization requests, potentially leading to more frequent reviews and possible reductions in regulatory scope if rules expire. Oversight by OMB could streamline federal coordination.
On Citizens: Could result in fewer long-term regulations, potentially reducing compliance costs for individuals and businesses but also limiting protections in areas like environment, health, or consumer rights if rules are not renewed. Emergency and criminal rules remain unaffected, preserving immediate safeguards.
On International Relations: Minimal direct impact, as rules involving foreign affairs or military functions are exempt, avoiding disruptions to diplomacy or national security.

Main Stakeholders Affected

Federal Agencies: Primary issuers of rules, now required to seek reauthorization and manage expirations.
Congress: Gains enhanced role in reviewing and approving regulations, affecting committees like Oversight and Government Reform and the Judiciary.
Regulated Industries and Businesses: May benefit from potential deregulation but face uncertainty during reauthorization periods.
Citizens and Advocacy Groups: Affected by changes in regulatory protections; public access to reports could increase transparency and public input.

Notable Legal, Constitutional, or Political Implications

Legal: Reinforces the APA by adding a time limit on delegated authority, potentially reducing challenges to "administrative overreach" while exempting critical areas to avoid legal voids in enforcement.
Constitutional: Emphasizes separation of powers by requiring Congress to actively approve executive rules, addressing concerns about excessive delegation of legislative authority under Article I of the U.S. Constitution.
Political: Could lead to partisan debates over which rules to reauthorize, promoting deregulation in some administrations but requiring bipartisan support for renewals; the bill's introduction by specific representatives signals a focus on limiting executive branch expansion.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Stutzman, Marlin A. [R-IN-3]

Cosponsors (2)

Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Norman, Ralph [R-SC-5]

Recent Actions

2025-02-12: Referred to the Committee on Oversight and Government 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.
2025-02-12: Referred to the Committee on Oversight and Government 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.
2025-02-12: Introduced in House
2025-02-12: Introduced in House

Bill Versions

Restoring Checks and Balances Act — issued 2025-02-12 — PDF (4 pages)