Sec. 3. Zero-based regulating

535 words·~2 min read·/bill/119/s/2427/is/section-3

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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. 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.

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— determines that the covered regulation has a net deregulatory effect; and notifies the Director of the Office of Management and Budget of that determination. 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)— 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 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. 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. 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. 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. 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. 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.