119-s2427

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2427 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2427

 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

 Mr. Risch introduced the following bill; which was read twice and 
 referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

 A BILL

 To require certain agencies to impose extendable sunset dates on 
 certain regulations, and for other purposes.

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

SECTION 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:

    (1) Covered agency.--The term ``covered agency'' means each 
 of the following:
        (A) The Department of Energy.
        (B) Each of the following offices within the 
 Department of the Interior:
            (i) The Bureau of Land Management.
            (ii) The Bureau of Ocean Energy Management.
            (iii) The Bureau of Safety and 
 Environmental Enforcement.
            (iv) The Office of Surface Mining 
 Reclamation and Enforcement.
            (C) The Federal Energy Regulatory Commission.

    (2) Covered regulation.--The term ``covered regulation'' 
 means--
        (A) with respect to the Department of Energy, any 
 regulation promulgated by the Department of Energy 
 under or pursuant to--
            (i) the Atomic Energy Act of 1954 (42 
 U.S.C. 2011 et seq.);
            (ii) the Energy Independence and Security 
 Act of 2007 (42 U.S.C. 17001 et seq.);
            (iii) the Energy Policy Act of 1992 (42 
 U.S.C. 13201 et seq.);
            (iv) the Energy Policy Act of 2005 (42 
 U.S.C. 15801 et seq.); or
            (v) part B of title III of the Energy 
 Policy and Conservation Act (42 U.S.C. 6291 et 
 seq.);
        (B) with respect to the Bureau of Land Management, 
 any regulation promulgated by the Bureau of Land 
 Management under or pursuant to--
            (i) the Energy Policy Act of 2005 (42 
 U.S.C. 15801 et seq.);
            (ii) the Federal Land Policy and Management 
 Act of 1976 (43 U.S.C. 1701 et seq.); or
            (iii) sections 2319 through 2344 of the 
 Revised Statutes (commonly known as the 
 ``Mining Law of 1872'') (30 U.S.C. 22 et seq.);
            (C) with respect to the Bureau of Ocean Energy 
 Management, any regulation promulgated by the Bureau of 
 Ocean Energy Management under or pursuant to--
            (i) the Energy Policy Act of 2005 (42 
 U.S.C. 15801 et seq.); or
            (ii) the Outer Continental Shelf Lands Act 
 (43 U.S.C. 1331 et seq.);
            (D) with respect to the Bureau of Safety and 
 Environmental Enforcement, any regulation promulgated 
 by the Bureau of Safety and Environmental Enforcement 
 under or pursuant to the Outer Continental Shelf Lands 
 Act (43 U.S.C. 1331 et seq.);
        (E) with respect to the Office of Surface Mining 
 Reclamation and Enforcement, any regulation promulgated 
 by the Office of Surface Mining Reclamation and 
 Enforcement under or pursuant to the Surface Mining 
 Control and Reclamation Act of 1977 (30 U.S.C. 1201 et 
 seq.); and
        (F) with respect to the Federal Energy Regulatory 
 Commission, any regulation promulgated by the Federal 
 Energy Regulatory Commission under or pursuant to--
            (i) the Federal Power Act (16 U.S.C. 791a 
 et seq.);
            (ii) the Natural Gas Act (15 U.S.C. 717 et 
 seq.); or
            (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 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.

    (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.

    (b) Extension of Sunsets.--

    (1) In general.--The head of a covered agency may only 
 extend an expiration date imposed pursuant 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 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.

    (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.

    (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.
            (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 enforce the 
 covered regulation on or after that expiration 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 Federal Regulations.

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.
 <all>