S. 2427
119th CONGRESS 1st Session
To require certain agencies to impose extendable sunset dates on certain regulations, and for other purposes.
IN THE SENATE OF THE UNITED STATES · July 24, 2025 · Sponsor: Mr. Risch · Committee: Committee on Energy and Natural Resources
Table of contents
SEC. 1. Short title
- This Act may be cited as the Zero-Based Regulatory Budgeting to Unleash American Energy Act of 2025.
SEC. 2. Definitions; statutory identification
- In this Act:
- The term
covered agencymeans each of the following: - The term
covered regulationmeans— - The term
regulationmeans 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.
- The term
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 covered 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.
- Existing regulations
- (2) New regulations
- (A) In general
- Subject to subparagraph (B), for each covered regulation promulgated 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.
- (B) Waiver
- The head of a covered agency may exempt a covered regulation promulgated by the covered agency on or after the date of enactment of this Act from the requirement under subparagraph (A) if the head of the covered agency—
- (i) determines that the covered regulation has a net deregulatory effect; and
- (ii) notifies the Director of the Office of Management and Budget of that determination.
- The head of a covered agency may exempt a covered regulation promulgated by the covered agency on or after the date of enactment of this Act from the requirement under subparagraph (A) if the head of the covered agency—
- (A) In general
- (1) Existing regulations
- (b) Extension of sunsets
- (1) In general
- The head of a covered agency may only extend an expiration date imposed pursuant to subsection (a)—
- to a date that is not more than 5 years after the current expiration date; and
- 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 comment on the costs and benefits of the applicable covered regulation, which may include the publication of a request for information with respect to the covered regulation; and
- (ii) following the completion of the opportunity for public comment under clause (i), the head of the covered agency determines, based on the comments provided in that opportunity, that an extension of the covered regulation is warranted.
- The head of a covered agency may only extend an expiration date imposed pursuant to subsection (a)—
- (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 paragraph (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 determination 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 requirements described in paragraph (1)(B) have been met.
- (A) Deregulatory amendments
- (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 condition that each extension meets the requirements of this subsection.
- (4) Savings provision
- Seeking public comment with respect to a covered regulation under paragraph (1)(B)(i), including through a request for information, shall not automatically extend the applicable expiration date of the covered regulation.
- (1) In general
- (c) Effect of sunset
- If the expiration date of a covered regulation is not extended in accordance with subsection (b)—
- the covered regulation shall cease to have any effect as of that expiration date;
- the applicable covered agency shall not enforce the covered regulation on or after that expiration date; and
- as soon as practicable after that expiration date, the head of the applicable covered agency shall remove the covered regulation from the Code of Federal Regulations.
- If the expiration date of a covered regulation is not extended in accordance with subsection (b)—
SEC. 4. Severability
- If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.
SEC. 5. Administrative provisions
- (a) Savings provisions
- Nothing in this Act impairs or otherwise affects the authority granted by law to an executive department or agency, or the head of an executive department or agency.
- (b) No rights or benefits
- Nothing in this Act creates any right or benefit, substantive or procedural, enforceable 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.