S.368 - Bureaucratic Limitation and Overreach Control Act; BLOCK Act (119th Congress)
Summary
S.368, the Bureaucratic Limitation and Overreach Control Act (BLOCK Act), aims to increase congressional oversight of federal agency rulemaking. It mandates congressional approval for rules expected to cost at least $50 million annually. The bill amends Chapter 8 of Title 5, United States Code, establishing procedures for congressional review and approval of both major and nonmajor rules.
The act requires agencies to submit detailed reports to Congress, including cost-benefit analyses and justifications for new rules. It also empowers the Comptroller General to assess agency compliance and the economic impact of proposed regulations. The bill outlines specific procedures for joint resolutions of approval or disapproval in both the House and Senate.
Ultimately, the BLOCK Act seeks to limit the power of federal agencies by ensuring that Congress has the final say on significant regulatory actions.
Expected Effects
The BLOCK Act would likely lead to a slowdown in the implementation of new federal regulations. Agencies would face increased scrutiny and potential delays due to the congressional review process. This could affect various sectors, depending on the specific rules being considered.
Businesses might experience reduced regulatory burdens if Congress disapproves certain rules. However, the increased oversight could also lead to political gridlock and uncertainty in the regulatory environment. The act could also shift power from the executive branch to the legislative branch regarding regulatory policy.
Furthermore, the act could lead to increased lobbying efforts as different groups try to influence congressional decisions on proposed rules.
Potential Benefits
- Increased congressional oversight and accountability of federal agencies.
- Potential reduction in unnecessary or overly burdensome regulations.
- Enhanced transparency through required cost-benefit analyses and public access to information.
- Greater responsiveness of regulations to the will of the people through their elected representatives.
- May lead to more economically sound regulations by requiring a thorough review process.
Most Benefited Areas:
Potential Disadvantages
- Potential for political gridlock and delays in implementing necessary regulations.
- Increased burden on Congress to review a large volume of agency rules.
- Risk of regulatory capture, where special interests unduly influence congressional decisions.
- Could stifle innovation and responsiveness to emerging issues if regulations are slow to adapt.
- May lead to agencies avoiding rulemaking altogether, relying instead on less transparent guidance documents.
Most Disadvantaged Areas:
Constitutional Alignment
The BLOCK Act's attempt to increase congressional oversight of agency rulemaking aligns with Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. By requiring congressional approval for major rules, the act reinforces Congress's role in shaping policy and overseeing the executive branch.
However, the act could also raise concerns about the separation of powers if it unduly interferes with the executive branch's ability to implement laws. The Constitution grants Congress the power to legislate, but the executive branch is responsible for executing those laws, which often involves rulemaking.
The constitutionality of the act would likely depend on whether it is viewed as a legitimate exercise of congressional oversight or an unconstitutional encroachment on executive authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).