BLOCK Act
- Bill Number
- S. 368
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-02-03: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2025-07-01T11:06:18Z
AI-Generated Summary
Purpose of the Legislation
The BLOCK Act (S. 368) aims to strengthen congressional oversight of federal agency rulemaking by requiring explicit approval from Congress for "major rules" that are projected to impose annual compliance costs of $50 million or more. It seeks to limit what the bill describes as bureaucratic overreach by ensuring that significant regulations align with legislative intent and undergo direct congressional review before taking effect.
Key Provisions
- Submission and Review Requirements: Federal agencies must submit detailed reports to Congress and the Comptroller General before a rule can take effect. These reports include the rule text, cost-benefit analyses, economic impacts (e.g., jobs affected, inflation effects), compliance with other laws (like the Unfunded Mandates Reform Act), and the constitutional authority for the rule. Agencies must also publish supporting data online for public access.
- Classification of Rules:
- Major Rules: Defined as rules (including interim final rules and agency guidance documents) likely to result in $50 million or more in annual compliance costs, as determined by the Comptroller General.
- Nonmajor Rules: All other rules not meeting the major threshold.
- Approval Process for Major Rules (Section 802): Major rules cannot take effect without a joint resolution of approval passed by both houses of Congress within 30 session or legislative days (excluding certain adjournments). If not approved, the rule is blocked. The process includes fast-track procedures: automatic introduction by party leaders, limited debate (e.g., 2 hours in the Senate), no amendments, and automatic discharge from committees after 15 days.
- Disapproval Process for Nonmajor Rules (Section 803): Congress can pass a joint resolution to disapprove a nonmajor rule within 60 days of submission, using similar expedited procedures (e.g., 10 hours of Senate debate, discharge via petition of 30 senators).
- Temporary Exceptions: The President can allow a major rule to take effect for 15 session days if deemed necessary for national security or disaster response, but this does not bypass the full approval process.
- Lookback Review of Existing Rules (Section 808): Starting 6 months after enactment, agencies must annually designate at least 20% of their existing "eligible rules" (those in effect at enactment) for review. These are treated like new rules under the approval/disapproval processes. Unapproved eligible rules sunset (expire) after 5 years.
- Exemptions:
- Rules on monetary policy by the Federal Reserve.
- Certain rules on hunting, fishing, camping activities, or those issued for "good cause" without public notice (e.g., if impracticable).
- Judicial Review (Section 805): Limits court challenges to procedural compliance only; approval resolutions do not imply congressional endorsement of the rule's legality.
- Budgetary Treatment: Amends the Balanced Budget Act to assume unapproved rules affecting federal spending or revenues are ineffective for budget calculations.
Significant Changes to Existing Law
This bill overhauls Chapter 8 of Title 5, U.S. Code (the Congressional Review Act of 1996), which previously allowed major rules (threshold: $100 million annual economic impact) to take effect unless Congress passed a joint resolution of disapproval. Key shifts include:
- Lowering the major rule threshold to $50 million in compliance costs (from $100 million in broader economic effects).
- Requiring approval for major rules (reversing the presumption of effectiveness) rather than just allowing disapproval.
- Expanding "rules" to include interpretive rules, policy statements, and guidance documents (previously often exempt).
- Introducing mandatory periodic review and sunset for existing rules, which the original CRA lacked.
- Adding inflation impact estimates and explicit job analyses to reports.
Potential Impacts
- On Government Agencies: Agencies face delays in implementing costly regulations, increased paperwork for submissions, and potential invalidation of rules, which could hinder policy execution in areas like environment, health, and labor.
- On Citizens: Could reduce regulatory burdens (e.g., fewer new compliance requirements), but might delay protections (e.g., safety standards or consumer rules), affecting public health, environment, and daily life.
- On Businesses and Economy: Lowers compliance costs by blocking or reviewing expensive rules, potentially benefiting small businesses, but creates uncertainty during review periods; the $50 million threshold targets mid-sized regulations.
- On International Relations: Minimal direct impact, though delayed rules on trade, sanctions, or environmental standards could affect U.S. compliance with global agreements.
Main Stakeholders Affected
- Congress: Gains significant control over executive rulemaking, empowering lawmakers to shape or block agency actions.
- Federal Agencies: Including departments like EPA, FDA, and DOL; must navigate stricter processes, potentially slowing operations.
- Businesses and Industries: Particularly those facing high compliance costs (e.g., energy, manufacturing); benefit from reduced regulations but face review of existing ones.
- Citizens and Advocacy Groups: Environmental, consumer, and labor groups may see protections stalled; taxpayers could see fiscal savings from blocked rules.
- Comptroller General (GAO): Plays a central role in classifying rules and assessing compliance.
Notable Legal, Constitutional, or Political Implications
- Legal: Bars most judicial review of congressional decisions under the act, potentially insulating approvals/disapprovals from court challenges, but allows checks on whether agencies followed procedures. Expands "rule" definitions, which could lead to disputes over what qualifies as guidance versus binding regulation.
- Constitutional: Reinforces Congress's Article I lawmaking authority by curbing executive delegation of power to agencies, but raises separation-of-powers questions—e.g., whether mandatory approvals infringe on the President's execution of laws. The bill asserts these procedures as internal congressional rules, changeable at will.
- Political: Serves as a tool for congressional majorities to counter executive agendas (e.g., blocking rules from opposing-party administrations). The sunset provision for existing rules could invalidate thousands of regulations, sparking partisan battles; fast-track procedures minimize filibusters but limit minority input.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-02-03: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-02-03: Introduced in Senate
Bill Versions
- Bureaucratic Limitation and Overreach Control Act — issued 2025-02-03 — PDF (21 pages)