HR4770-119

What This Bill Does

The RESTART SUNSET Act amends the Regulatory Flexibility Act's periodic review and judicial review provisions. Current section 610 language is replaced with a new requirement that each agency periodically review covered rules. Rules already existing on the date of enactment must be reviewed within ten years, and rules adopted after enactment must be reviewed within ten years after publication as final rules. The bill also requires each agency to publish annually in the Federal Register a list of rules it concludes do not have a significant economic impact on a substantial number of small entities, along with the basis for that conclusion. The enforcement hook is section 611: if a court finds that an agency failed to comply with section 610 for a rule, the court must enter an order prohibiting enforcement of the rule. The practical effect is to turn small-entity review from a planning obligation into a recurring review duty backed by a mandatory nonenforcement remedy.

Who Benefits and How

Small businesses benefit from recurring agency review of rules that may impose economic burdens. Small entity advocacy organizations benefit from annual Federal Register lists and stated bases for no-significant-impact conclusions. Regulated small nonprofits benefit if stale or unreviewed rules become vulnerable to nonenforcement orders. Administrative law litigants benefit from a clearer remedy when agencies miss section 610 review duties.

Who Bears the Burden and How

Federal rulemaking agencies must review covered rules on a ten-year cycle and publish annual no-significant-impact lists. Agency regulatory offices must document the basis for conclusions that rules do not significantly affect small entities. Federal courts must prohibit enforcement of rules when agencies fail to comply with section 610. Regulated parties may face uncertainty if a rule's enforceability depends on an agency's review record.

Key Provisions

• Requires agencies to review existing covered rules within ten years of enactment.
• Requires agencies to review newly adopted covered rules within ten years after final publication.
• Requires annual Federal Register lists of rules found not to significantly affect a substantial number of small entities.
• Requires courts to prohibit enforcement when an agency fails to comply with section 610.