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S368119th Congress

BLOCK Act

Sponsored By: Senator Kennedy, John [R-LA]

Introduced

Summary

Makes Congress the gatekeeper for costly federal regulations by requiring formal congressional approval for "major rules." It also creates a 60-day disapproval route for other rules and forces agencies to publish detailed cost and inflation analyses before and after rulemaking.

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  • Families and businesses: Any rule the Comptroller General finds will cost at least $50 million a year becomes a "major rule" and needs congressional approval. That can delay or change the timing and content of regulations that impose new costs.
  • Federal agencies: Agencies must file expanded cost benefit and inflation impact reports, publish more pre and post rule information, and face annual review and a five year sunset for many rules. These steps raise paperwork and slow how fast new rules take effect.
  • Congress and courts: Congress gets structured approval votes for major rules and a fast 60 day disapproval window for nonmajor rules. Courts are limited to checking whether agencies followed the new procedural steps rather than redoing policy judgments.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Congress must approve big rules

If enacted, the bill would call a rule "major" if it costs $50,000,000 or more a year to comply. The Comptroller General would decide which rules meet that test. Major rules could not take effect unless Congress passed a joint resolution within 30 days after getting the agency report. Agencies would have to give Congress full cost-benefit studies, jobs and inflation estimates, and GAO would report on major rules within 15 days. Rules that affect budget numbers would be treated as "effective" for budget scoring unless Congress disapproved. The President could allow a major rule to take effect temporarily for one 15-session-day emergency period with written notice to Congress.

Treat agency guidance as rules

If enacted, the bill would expand the definition of "rule" to include interpretive rules, general statements of policy, and most guidance documents. Some narrow or internal agency rules and rules that apply only to specific parties would be excluded. Treating guidance as rules would bring many more agency actions under the bill's reporting and approval procedures.

Annual review and sunsetting of rules

If enacted, six months after enactment each agency would start reviewing at least 20% of its existing rules each year for four years. Agencies would submit reports and those designated rules would face the bill's approval procedures. After five years, any existing rule Congress has not approved would stop being in effect. If Congress does not approve a year's designated rules within 90 days, those rules would have no effect.

Congress can disapprove small rules

If enacted, Congress would have 60 days to introduce a joint resolution to void a nonmajor rule after it gets the agency report. In the Senate, 30 Senators could force a committee discharge after 15 session days and debate would be limited to 10 hours. If Congress passes the resolution, the nonmajor rule would have no force or effect. The bill would bar courts from reviewing most chapter decisions, though courts could still check whether agencies followed the bill's procedural steps.

Immediate effect for hunting rules

If enacted, rules that set up or change hunting, fishing, or camping programs could take effect when the agency issues them. The bill would also let nonmajor rules with a written good-cause finding take effect immediately. This would speed program changes for hunters and some outdoor businesses.

Sponsors & CoSponsors

Sponsor

Kennedy, John [R-LA]

LA • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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