Sunset provision
From Biocrawler, the free encyclopedia.
In public policy, a sunset provision is a specification in a law that terminates it after a specific date, unless further legislative action is taken to extend it.
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Examples in American law
Sunset provisions have been used extensively throughout legal history. Some high-profile examples in American law include:
Sedition Act of 1798
Part of The Alien and Sedition Acts, The Sedition Act was a political tool used by the John Adams administration to torment its opposition. In a politically astute move, the authors ensured the act would terminate at the end of Adams's term so that it could not be used by the opposition against his own party.
USA PATRIOT Act
Under §224 of the USA PATRIOT Act, several of the surveillance portions will expire on December 31, 2005.
Assault Weapons Ban
In 2004 the sunset provision of the assault weapons ban terminated the law. At the time, President George W. Bush was subject to considerable criticism for failing to urge Republicans in Congress to renew the ban.Estate Tax
In the Economic Growth and Tax Relief Reconciliation Act of 2001 the US Congress enacted a phaseout of the federal estate tax over the following 10 years, so that the tax would be completely repealed in 2010. However, a sunset provision in the Act reinstates the tax to its original levels on January 1, 2011. As of May 17, 2005, Republicans in Congress have tried to repeal the sunset provision, but their efforts have been unsuccessful. Uncertainty over the prolonged existence of the sunset provision has made estate planning more complicated.
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