Should Congress require an overseer to approve of federal agency rules and regulations?
H.R. 357, if passed, would require an individual to approve of all rule proposals from federal agencies, who would be nominated by the President and approved by a majority vote in the Senate, similar to other cabinet members and to federal judges.
Sponsor: Rep. Ben Cline (Republican, Virginia, District 6)
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How do you feel?
Opponents say
• "[H.R. 357] will add unnecessary ambiguity and considerable delay in the creation, promulgation,
and implementation of critical new public health and safety safeguards, financial reforms, and
worker protections – making industry even less accountable to the public. These consequences
are particularly objectionable because the bill purports to ‘solve’ a problem that does not
actually exist. Rather than advance good government reform, this bill demonizes our public
protection agencies and promotes a harmful anti-regulatory narrative… Under the Constitution’s appointments clause, agency rulemakings are authorized by ‘principal’ officers who are Senate confirmed, and in practice, this often occurs through necessary delegation. Currently, senior agency appointees sometimes delegate the routine task of signing a rulemaking to subordinates as an efficiency measure. Senior agency appointees ratify the signing of the rulemaking after the fact to comply with this clause. Given the expense and legal consequences involved, no agency would ever issue a rule without
authorization from a relevant agency leader. At best, this bill would serve to create needless bureaucratic hurdles for agency officials, rather than correct any real problem of public accountability. Source: Coalition for Sensible Safeguards
• "Federal agencies should have delegated authority to ensure regulations keep the American public
healthy and safe. Government regulations foster job growth and ensure that workplaces are
healthy, safe, and accountable. Federal agencies, in conducting rulemaking, are simply
implementing programs and regulatory systems that were already approved by Congress and
signed into law. Involving Congress in the details of these processes will result in paralysis, the
politicization of rulemaking, and poorer outcomes for the health, safety, and wellbeing of the
American public. Source: American Federation of Government Employees
Proponents say
• "Rules promulgated by Federal agencies effectively hold the same weight as law, and having rules issued by unelected career bureaucrats rather than an individual appointed by the President and confirmed by the Senate is unacceptable. This bill seeks to uphold the traditions and values of our Republic, and it will ensure there is no question surrounding the legality of rules coming out of our Federal agencies." Source: Rep. Ben Cline (Republican, Virginia, District 6)
• "The administrative state exercises the legislative, executive, and judicial powers of the federal government by issuing rules carrying the force of law, enforcing those same rules, and adjudicating disputes that arise under them. By consolidating these constitutionally separate powers and making rules through a process that is much less rigorous than what the Constitution requires for legislation, while hiding behind a lack of electoral accountability, the administrative state has imposed a quantity and quality of policies that never could have been passed into law by the House, the Senate, and the President. For example, in 2021, Congress passed 143 laws while federal agencies issued 3,257 rules. Such agency rules bring with them an estimated annual cost of $1.927 trillion, the equivalent of $14,684 per U.S. household each year. Source: House Judiciary Committee (Supporting members)
• "Federal regulations should be made by officials who are accountable to Congress and the American people. I’m proud to co-lead this bipartisan effort. Source: Rep. Jared Golden (Democrat, Maine, District 2), cosponsor of the bill