Emmer to propose bill targeting rulemaking and administrative state
House Majority Whip Tom Emmer Introduces Legislation to Sunset Major Rules
In an exclusive move, House Majority Whip Tom Emmer (R-MN) is spearheading efforts by Republicans to rein in the administrative state with a new bill called the Sunset Act. This legislation, set to be introduced on Monday, aims to require major rules to expire after a decade unless approved by both chambers of Congress through a joint resolution.
Major rules, as determined by the Office of Management and Budget, are those with economic effects exceeding $100 million. The Sunset Act is part of a broader GOP initiative to scale back the federal bureaucracy and administrative state, which has gained urgency in response to what Republicans view as excessive rulemaking by the Biden administration.
“The Biden administration has weaponized their administrative state using major rules which can languish on the books and potentially eat up billions of taxpayer dollars,” Emmer stated. “It’s time to hold these agencies accountable and ensure that the American people, not bureaucrats in Washington, have their hands on the wheel.”
Under the legislation, federal agencies would be required to submit reports to Congress at least 180 days before a rule expires. Additionally, the bill allows the president to issue executive orders exempting rules that are deemed necessary for national security, the enforcement of criminal law, or the health and safety of the country. However, if the president deems a rule necessary, Congress must approve it within 30 days.
Conservative groups are expected to support the measure, with Heritage Action praising the move. Ryan Walker, Executive Vice President of Heritage Action, emphasized the need for congressional approval of rules that impact taxpayers and citizens’ daily lives.
This latest Republican effort to rein in the administrative state follows the introduction of the Regulations from the Executive In Need of Scrutiny (REINS) Act by Rep. Kat Cammack (R-FL) last year. The REINS Act focuses on rulemaking from the executive branch and requires approval from the House and Senate for every new major rule proposed by federal agencies.
Cammack argues that her bill is crucial in restoring Congress’ authority to legislate proposed rules and regulations that bring about significant changes. She highlights the importance of this power shift, particularly in response to the ”hyperpartisan” rulemaking by the Biden administration.
One example of a regulation that could be affected by these efforts is the Labor Department’s rule allowing retirement plan managers to consider environmental, social, and governance (ESG) factors when making investments. While the rule permits fiduciaries to weigh ESG factors, it is not mandatory for U.S. retirement accounts.
Congressional Republicans attempted to override the ESG rule and garnered some Democratic support. However, President Joe Biden vetoed the override, and there was insufficient backing in Congress to overturn his decision, resulting in the rule moving forward.
These legislative endeavors reflect the ongoing battle between Republicans and the Biden administration over the extent of federal regulations and the power of the administrative state.
What are the potential risks and benefits of the Sunset Act in terms of protecting public health, safety, and the environment?
Cessary for the protection of health, safety, or national security. However, these exemptions would only remain in effect for a limited time and would require approval from both chambers of Congress to become permanent.
The Sunset Act is seen as a crucial step in reining in the power of the administrative state. In recent years, there has been growing concern among conservatives that the federal bureaucracy has become too powerful and unaccountable. By requiring major rules to expire after a decade, the legislation aims to create a system of regular review and assessment of the necessity and effectiveness of these rules.
Supporters of the bill argue that it will help to address regulatory overreach and ensure that rules imposed by federal agencies are truly necessary and serve the best interests of the American people. They believe that excessive rulemaking can stifle innovation, hinder economic growth, and burden businesses with unnecessary compliance costs.
However, critics of the Sunset Act argue that it could potentially disrupt important regulations that are vital for protecting public health, safety, and the environment. They worry that rules that have been thoroughly vetted and implemented after careful consideration may be at risk of expiring, leaving gaps in oversight and protection.
The bill is expected to face opposition from Democrats, who currently hold the majority in both the House and the Senate. They have generally been more supportive of regulatory actions and believe that they play a crucial role in protecting the rights and well-being of the American people.
Nevertheless, House Majority Whip Tom Emmer is determined to push forward with the Sunset Act and believes that it is a necessary step in ensuring that the American people have a say in the rulemaking process. He argues that this legislation will hold federal agencies accountable and prevent them from imposing burdensome regulations without sufficient justification.
The introduction of the Sunset Act is just one of the ways in which Republicans are seeking to rein in the administrative state. They have also proposed other reforms, such as requiring Congressional approval for major rules and implementing stricter cost-benefit analysis requirements for new regulations.
As the discussion around the Sunset Act unfolds, it is clear that the battle between those who advocate for a smaller, less intrusive government and those who believe in the importance of regulatory actions will continue. The American people and the future of the administrative state hang in the balance, with the outcome of these legislative efforts likely to shape the country’s regulatory landscape for years to come.
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