(iii) the Powerplant and Industrial 
Fuel Use Act of 1978 (42 U.S.C. 8301 et 
seq.). 
(3) 
REGULATION.—The 
term 
‘‘regulation’’ 
means each part, subpart, or individual provision of 
a rule (as defined in section 551 of title 5, United 
States Code) promulgated by a covered agency. 
SEC. 3. ZERO-BASED REGULATING. 
(a) SUNSETS REQUIRED.— 
(1) EXISTING REGULATIONS.—Not later than 
90 days after the date of enactment of this Act, the 
head of each covered agency shall amend each cov-
ered regulation in effect on that date to provide that 
each covered regulation expires not later than the 
date that is 1 year after the effective date of that 
amendment. 
(2) NEW REGULATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), for each covered regulation promul-
gated on or after the date of enactment of this 
Act, the head of the applicable covered agency 
shall ensure that the covered regulation expires 
not later than 5 years after the effective date 
of the covered regulation. 
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(B) WAIVER.—The head of a covered 
agency may exempt a covered regulation pro-
mulgated by the covered agency on or after the 
date of enactment of this Act from the require-
ment under subparagraph (A) if the head of the 
covered agency— 
(i) determines that the covered regula-
tion has a net deregulatory effect; and 
(ii) notifies the Director of the Office 
of Management and Budget of that deter-
mination. 
(b) EXTENSION OF SUNSETS.— 
(1) IN GENERAL.—The head of a covered agen-
cy may only extend an expiration date imposed pur-
suant to subsection (a)— 
(A) to a date that is not more than 5 years 
after the current expiration date; and 
(B) if, before the current expiration date 
and except as provided in paragraph (2)(A)— 
(i) the head of the covered agency 
provides an opportunity for public com-
ment on the costs and benefits of the ap-
plicable covered regulation, which may in-
clude the publication of a request for infor-
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mation with respect to the covered regula-
tion; and 
(ii) following the completion of the op-
portunity for public comment under clause 
(i), the head of the covered agency deter-
mines, based on the comments provided in 
that opportunity, that an extension of the 
covered regulation is warranted. 
(2) EFFECT OF AMENDMENTS.— 
(A) 
DEREGULATORY
AMENDMENTS.—If 
the head of a covered agency determines that 
an amendment to a covered regulation of that 
covered agency has a net deregulatory effect, 
the amendment may extend the expiration date 
for that covered regulation without carrying out 
the requirements of subparagraph (B) of para-
graph (1), subject to the limitation described in 
subparagraph (A) of that paragraph. 
(B) OTHER AMENDMENTS.—If the head of 
a covered agency does not make the determina-
tion described in subparagraph (A) with respect 
to an amendment to a covered regulation of 
that covered agency, the existing expiration 
date of the covered regulation being amended 
shall apply to that amendment unless the re-
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quirements described in paragraph (1)(B) have 
been met. 
(3) CONTINUED EXTENSIONS.—The head of a 
covered agency may extend the expiration date of a 
covered regulation as many times as the head of the 
agency determines appropriate, subject to the condi-
tion that each extension meets the requirements of 
this subsection. 
(4) SAVINGS PROVISION.—Seeking public com-
ment with respect to a covered regulation under 
paragraph (1)(B)(i), including through a request for 
information, shall not automatically extend the ap-
plicable expiration date of the covered regulation. 
(c) EFFECT OF SUNSET.—If the expiration date of 
a covered regulation is not extended in accordance with 
subsection (b)— 
(1) the covered regulation shall cease to have 
any effect as of that expiration date; 
(2) the applicable covered agency shall not en-
force the covered regulation on or after that expira-
tion date; and 
(3) as soon as practicable after that expiration 
date, the head of the applicable covered agency shall 
remove the covered regulation from the Code of Fed-
eral Regulations. 
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SEC. 4. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person or circumstance is held to be un-
constitutional, the remainder of this Act, and the applica-
tion of the provision to any other person or circumstance, 
shall not be affected. 
SEC. 5. ADMINISTRATIVE PROVISIONS. 
(a) SAVINGS PROVISIONS.—Nothing in this Act im-
pairs or otherwise affects the authority granted by law to 
an executive department or agency, or the head of an exec-
utive department or agency. 
(b) NO RIGHTS OR BENEFITS.—Nothing in this Act 
creates any right or benefit, substantive or procedural, en-
forceable at law or in equity, by any party against the 
United States, the departments, agencies, or entities of 
the United States, the officers, employees, or agents of 
the United States, or any other person. 
Æ 
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