6

A lot of people in the Good Government movement advocate Sunset provisions for laws:

Sunset Provisions

Sometimes Congress passes laws with an expiration date, known as sunset provisions, because the laws will end at a specified time. For a program to continue past its expiration date, the agency must demonstrate that the program achieves its goals in an efficient manner. Sunset provisions make bureaucrats accountable for their performance: Only successful programs get renewed.

How well does this work in practice? Do we have evidence that this effectively reduces the complexity of government and reduces ineffective bureaucracy?

Christian
  • 2,087
  • 1
  • 15
  • 27

2 Answers2

3

As with most things political, rhetoric and reality don't often align here.

The theory presented in your quoted segment is that sunset provisions ensure that weak or inefficient agencies die early deaths through a sort of 'survival of the fittest' theory. There's a whole arsenal of accountability tools for ensuring that policies are doing what they're supposed to do, and many are less complicated than setting a timer and hoping the ticking clock will generate enough urgency to revisit the matter. I am not aware of sunset provisions being used in this way.

There's two main uses for this structure that are common, however:

The first is when whatever policy intervention you're developing is meant to be temporary by design. In my own field, this is stuff like renewable energy subsidies and tax credits - the idea is that once stimulated to begin installations, technological learning will kick in and bring down the price of solar panels (a very common effect for new technologies), eliminating the need for the subsidy. You could promise to repeal the tax credit down the road, but that's just giving future-you more work to do. Since you can always repeal/amend the law later if the subsidy goes totally bonkers, or needs more time, it's not super critical that you get the exact timing down out of the gate.

Sunset provisions are also commonly used to make bills more palatable to unpersuaded legislators, and oftentimes opposition legislators. It's a much smaller ask to say "let's try this program for five years and if we don't like it, it automatically dies." It gives legislators who represent districts or constituencies where the policy is unpopular a rhetorical way out of the corner that they would otherwise vote themselves into.

William Walker III
  • 16,424
  • 6
  • 56
  • 82
-2

No, and it can actually make it worse. If you have something that is controversial you will have people on both sides of it working the bureaucracy to meet their goals. On one side you will have those who want it to succeed doing everything they can. But on the other side you will have people doing everything that they can to make it fail.

Those that are wanting to make it fail can do things such as remove/reduce funding/resources, add red tape that makes it harder for the program to do the job, make it harder for people to access the program and many other things. One example of this (while it wasn't a program with a sunset clause) is the affordable care act (aka obama care) that was repeatedly sabotaged by republican members in congress and the states.

https://www.healthinsurance.org/blog/12-ways-the-gop-sabotaged-obamacare/

If this was something with a sunset clause it would likely have failed to stay around not because the program didn't work but because it was setup to fail.

Joe W
  • 16,549
  • 3
  • 45
  • 87
  • 1
    I don't see how anything that you wrote suggests that no bueaucracy was reduced by not renewing the program. – Christian Apr 14 '21 at 13:21
  • @Christian I am talking about how the bureaucracy is increased due to the fight over the survival of the program. Unneeded bureaucracy levels get added in an attempt to save/destroy the program. The problem isn't if the program doesn't get renewed but what happens when it is running. It is possible to add enough layers of bureaucracy to a program to ensures if fails even though it is possible it could have succeeded and reduced bureaucracy in other areas if it wasn't sabotaged. Was bureaucracy reduced because of a bad program or was it reduced because a lot of unneeded bureaucracy was added? – Joe W Apr 14 '21 at 13:38