I 

116TH CONGRESS 

1ST SESSION H. R. 3617 

To sunset new Federal regulatory rules after 3 years, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 2, 2019 

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 

A BILL 

To sunset new Federal regulatory rules after 3 years, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Article I Restoration 

5 Act of 2019’’. 

6 SEC. 2. SUNSET OF FEDERAL REGULATIONS AFTER 3 

7 YEARS. 

8 (a) SUNSET.—Any covered rule issued by an agency 

9 after the date of the enactment of this Act shall sunset 


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1 on the date that is three years after the effective date of 

2 such covered rule, unless specifically reauthorized by an 

3 Act of Congress. 

4 (b) AFTER SUNSET.—An agency may not reissue, en5 force, revise, or take other regulatory action related to a 

6 covered rule that has sunset under subsection (a). 

7 (c) OVERSIGHT BY OMB AND HEADS OF AGEN8 CIES.—The Director of the Office of Management and 

9 Budget or the head of the relevant agency may oversee 

10 the sunset of covered rules under subsection (a). 

11 SEC. 3. SUBMISSION OF REQUEST FOR REAUTHORIZATION 

12 TO CONGRESS. 

13 (a) REQUEST FOR REAUTHORIZATION.—If the head 

14 of an agency that issues covered rules wants to request 

15 a reauthorization for such rules, such head shall, not later 

16 than the December 1 that is one year before the date on 

17 which the covered rule is scheduled to sunset, submit to 

18 Congress and any appropriate committee of Congress a 

19 report containing such request that includes— 

20 (1) a justification for the reauthorization of 

21 each covered rule; 

22 (2) any related covered rules; and 

23 (3) any recommendation or request made by the 

24 chair or ranking member of an appropriate com25 mittee of Congress. 


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1 (b) SINGLE SUBMISSION.—The head of an agency 

2 submitting a request for reauthorization under subsection 

3 (a) shall make every effort to bundle multiple requests for 

4 reauthorization in a single submission. 

5 (c) PUBLIC AVAILABILITY OF REPORTS.—Any report 

6 submitted by the head of an agency under subsection (a) 

7 shall be published on the public website of the agency. 

8 SEC. 4. RELATIONSHIP TO THE ADMINISTRATIVE PROCE9 DURE. 

10 Nothing in this Act shall be construed to supersede 

11 the provisions of chapter 5, 6, or 7 of title 5, United States 

12 Code. 

13 SEC. 5. DEFINITIONS. 

14 In this Act: 

15 (1) AGENCY.—The term ‘‘agency’’ has the 

16 meaning given that term in section 551 of title 5, 

17 United States Code. 

18 (2) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Office of In20 formation and Regulatory Affairs in the Office of 

21 Management and Budget. 

22 (3) COVERED RULE.—The term ‘‘covered rule’’ 

23 has the meaning given the term ‘‘rule’’ in section 

24 551 of title 5, United States Code, but does not in25 clude a rule— 


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1 (A) issued in accordance with the formal 

2 rulemaking provisions of sections 556 and 557 

3 of title 5, United States Code; 

4 (B) issued with respect to a military or 

5 foreign affairs function of the United States; 

6 (C) that the Administrator certifies in 

7 writing is necessary for the enforcement of Fed8 eral criminal laws; 

9 (D) that is limited to agency organization, 

10 management, or personnel matters; or 

11 (E) that is necessary due to an imminent 

12 threat to human health or safety or any other 

13 emergency. 

14 (4) SUNSET.—The term ‘‘sunset’’ means to 

15 have no force or effect. 

Æ 


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