119 S2427 IS: Zero-Based Regulatory Budgeting to Unleash American Energy Act of 2025 U.S. Senate 2025-07-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 119th CONGRESS 1st Session S. 2427 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.

1.

Short title

This Act may be cited as the Zero-Based Regulatory Budgeting to Unleash American Energy Act of 2025.

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.

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.

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.

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.