The BLOCK Act increases congressional oversight of agency rulemaking by requiring congressional approval for rules with significant economic impact (at least $50,000,000 annually) and mandates agencies to conduct retrospective reviews of existing regulations.
John Kennedy
Senator
LA
The BLOCK Act increases Congressional oversight of agency rulemaking by requiring Congressional approval for rules with an annual economic impact of at least $50,000,000. It mandates agencies to provide detailed cost-benefit analyses and other information to Congress and the public and establishes procedures for Congress to review and approve or disapprove major and non-major rules. Additionally, the Act requires agencies to review existing rules regularly, with those not approved by Congress sunsetting after five years. Finally, the Act amends the Balanced Budget and Emergency Deficit Control Act of 1985 to include budgetary effects of rules subject to Section 802 of Title 5, United States Code.
BLOCK Act: New Bill Could Grind Regulations to a Halt, Costs Must Hit $50M to Trigger Review
The "Bureaucratic Limitation and Overreach Control Act," or BLOCK Act, throws a major wrench into how federal agencies create regulations. Instead of agencies having the final say, this bill gives Congress the power to approve or veto any 'major rule'—defined as anything with an annual compliance cost of $50,000,000 or more. Think new environmental standards, workplace safety rules, or consumer protections – if they hit that $50 million mark, they're landing on Congress's doorstep.
Red Tape, Remixed
The BLOCK Act isn't just about adding a step; it's about changing who's in charge. Agencies would now have to hand over a mountain of paperwork to Congress for every major rule, including detailed cost-benefit analyses (covering everything from job losses to inflation impacts, Section 2) and justification of constitutional authority. The Comptroller General then gets 15 days to pick apart the agency's homework and report back to Congress. Only after all that, and a formal vote of approval by Congress, can a major rule take effect. If Congress doesn't act within 30 session days, the rule is automatically blocked (Section 2). This could mean significant delays, as that timeframe can easily stretch beyond a month given legislative schedules.
Real-World Rollout
Imagine a company needing to comply with a new safety regulation. Under the BLOCK Act, that regulation could be stuck in limbo for months, even if the agency has proven its necessity. For a small business owner, this uncertainty could mean holding off on investments or hiring. For a construction worker, it could mean a delay in implementing safety measures that protect them on the job. There's a temporary escape hatch for national security or disasters (Section 2), allowing the President to push a rule through for 15 days – but that's a very narrow exception.
The Five-Year Sweep
But the BLOCK Act doesn't stop at new rules. It also targets existing regulations. Agencies have to review 20% of their current rules each year for five years (Section 2). If Congress doesn't actively approve those rules, they automatically disappear after five years. This 'sunset' provision could mean that regulations protecting everything from clean water to safe food could vanish, not necessarily because they're bad, but simply because Congress didn't get around to voting on them.
The Bottom Line
The BLOCK Act significantly shifts power from agencies to Congress, potentially creating a regulatory bottleneck. While increased oversight might sound good in theory, the practical effect could be a government that struggles to respond quickly to emerging problems. While the bill exempts rules about monetary policy and, oddly, hunting, fishing, and camping (Section 2), the vast majority of regulations impacting businesses and daily life would be subject to this new, potentially paralyzing process. It also amends the Balanced Budget and Emergency Deficit Control Act of 1985, stating that any rule subject to congressional approval that affects budget authority will be considered effective unless Congress disapproves it (Section 3). This subtly shifts the assumption of a rule's validity.