Overview
Title
To amend chapter 8 of title 5, United States Code, to provide for additional congressional review of agency rulemaking, and for other purposes.
ELI5 AI
The Reclaim the Reins Act is a bill that wants Congress to check and approve important new rules from government agencies, making sure they don't happen without thumbs up from lawmakers. It also asks for reviews every year to see if the rules still make sense and gives money to help with this work.
Summary AI
H. R. 3058, known as the "Reclaim the Reins Act," proposes changes to agency rulemaking in the United States. It would require additional congressional review and approval of significant rules made by agencies, particularly those increasing revenues. The bill also mandates comprehensive reports on the economic impact, job effects, and authority for these rules. Furthermore, it introduces an annual review process for existing rules and specifies that certain rules will not take effect unless Congress approves them.
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AnalysisAI
The proposed legislation, titled the "Reclaim the Reins Act," aims to amend chapter 8 of title 5 of the United States Code, enhancing congressional oversight of agency rulemaking processes. The bill focuses on introducing more stringent reporting requirements for federal agencies when making new rules, as well as establishing a review mechanism for existing regulations. The bill's provisions are designed to ensure transparency and accountability in how federal rules are created and enforced.
General Summary of the Bill
The Reclaim the Reins Act mandates that federal agencies provide detailed reports on not only the budgetary implications of new rules but also their economic and job market impacts. Significant emphasis is placed on identifying whether a rule is "major," thereby requiring additional scrutiny. If a rule is deemed major and is expected to increase revenue, it cannot take effect without an explicit congressional approval through a joint resolution within a 60-day window. This act also compels agencies to annually review a substantial portion of their existing rules, ensuring they remain relevant and beneficial. Furthermore, the Comptroller General is tasked with reporting the scale and economic impact of rules presently in effect.
Summary of Significant Issues
Several noteworthy issues could impact the bill's efficacy and execution:
Appropriation and Use of Funds: The bill allocates $10,000,000 each to the Office of Management and Budget and the Comptroller General. However, it lacks explicit guidelines on the precise application of these funds, which could lead to inefficient or wasteful spending.
Congressional Approval Delays: The stipulation that major rules which increase revenue require congressional approval could delay the implementation of significant regulations, potentially creating uncertainty and regulatory loopholes if Congress does not act promptly.
Annual Review Requirement: The mandate for agencies to review 20% of their existing rules every year could impose a heavy administrative burden and divert resources from other critical tasks.
Lack of Transparency in Rule Classification: The criteria for determining whether a rule is "major" or "nonmajor" are not clearly defined, potentially leading to inconsistent applications and interpretations.
Regulatory Uncertainty: The sunset provision may result in regulatory instability if rules automatically expire due to lack of congressional action, affecting various industries and sectors.
Vague Reporting Requirements: Without a specified methodology for estimating budgetary effects and costs, agencies may produce inconsistent reports, impacting the clarity and usefulness of the rule assessments.
Potential Public and Stakeholder Impact
The Reclaim the Reins Act could have a broad impact on regulatory processes and stakeholders.
For the general public, increased transparency and accountability in rulemaking could enhance trust in government regulations. People might benefit from clearer understanding of how rules affect economic and employment factors.
For businesses and industries, particularly those significantly affected by federal regulations, the requirement for detailed economic impact reports could provide predictions for operations and strategy adjustments. However, the potential delays in implementing new rules due to the need for congressional approval might introduce uncertainty, potentially affecting business planning.
For government agencies, the bill imposes additional administrative responsibilities, compelling them to allocate resources towards extensive reporting and reviews. This could lead to operational challenges but might also drive improvements in how regulations are developed and assessed.
For lawmakers, this act provides additional oversight and control over regulatory processes. While this could ensure more comprehensive evaluations of rules, it also places substantial burdens on the legislative calendar, necessitating careful prioritization and decision-making to avoid bottlenecks.
Overall, the Reclaim the Reins Act represents a significant shift towards increased legislative scrutiny of federal rulemaking, emphasizing transparency and accountability, though not without potential drawbacks and operational challenges for both federal agencies and legislators.
Financial Assessment
The bill, H. R. 3058, called the "Reclaim the Reins Act," includes several financial provisions that are pertinent to understanding its potential impact.
Appropriations Overview
The bill specifies two distinct financial allocations:
$10,000,000 to the Director of the Office of Management and Budget (OMB) for fiscal year 2025. This amount, sourced from any unappropriated money in the Treasury, is to remain available until September 30, 2034. The funds are designated to support the execution of new responsibilities as outlined in Section 2 of the bill.
$10,000,000 to the Comptroller General of the United States for fiscal year 2025. Similar to the allocation for the OMB, this funding comes from the Treasury and is intended to remain available through the same 2034 deadline. The Comptroller General's allocation is aimed at facilitating the implementation of their duties related to this legislative section.
Relation to Issues Identified
The bill's financial provisions link closely to multiple issues raised:
Broad Usage and Potential for Misuse: The allocations are described with broad purposes, aimed at supporting the requirements of the bill. However, without explicit guidelines or targeted objectives for how these funds should be spent, there is a risk of inefficient use or potential misuse of the allocated money. This concern aligns with the issue identified about the potential for waste (Section 2(a)).
Administrative Burden and Resource Allocation: The requirement that agencies review at least 20% of eligible rules annually for four years could impose significant administrative challenges. While the appropriations are substantial, the lack of specificity in their intended use might not adequately support this comprehensive review process, potentially leading to inefficiencies within agencies (Section 812(a)).
Vague Methodology for Financial Reporting: The bill requires agencies to include financial estimates and analyses in their reports on new rules. However, without clear guidelines or methodology on calculating these financial impacts, the appropriations might not effectively address the inconsistencies or inaccuracy in reporting anticipated (Section 809(a)(1)-(3)).
In summary, while H. R. 3058 earmarks significant financial resources to support its implementation, the lack of detailed instructions on the utilization of these funds and the demands placed on agencies could lead to ineffective execution of the bill’s objectives. This underscores the need for a more structured framework to ensure the appropriated funds are used efficiently and effectively.
Issues
The appropriation of $10,000,000 to both the Director of the Office of Management and Budget and the Comptroller General seems broad with no specific guidelines on usage, creating potential for waste or misuse (Section 2(a)).
The requirement for Congress to enact a joint resolution of approval for major rules within a 60-day period might delay important regulations, generating uncertainty and potential regulatory gaps (Section 810(a)-(b)).
The bill necessitates reviewing at least 20% of eligible rules annually for four years, possibly imposing a high administrative burden on agencies and causing inefficiencies (Section 812(a)).
The process for determining whether a rule is major or nonmajor lacks transparency, as the criteria are not clearly defined, potentially resulting in inconsistent applications (Section 809(a)(4)).
The 'sunset' provision could lead to uncertainty as rules could automatically expire without congressional approval within a certain time frame, affecting regulatory stability (Section 812(b)).
The absence of specific methodology for calculating budgetary effects and costs, and the vague criteria for job impact analysis, may lead to inconsistent or inaccurate reporting (Section 809(a)(1)-(3)).
The opportunity for 'additional review' of rules during a President’s final year may politicize rule evaluation, affecting their impartial assessment and enactment (Section 811(a)).
The stipulation for a Government Accountability Office study lacks clear objectives for how data on rules and their costs will be utilized, limiting potential improvements in rulemaking processes (Section 2(e)).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act states that it will be known as the “Reclaim the Reins Act.”
2. Review of agency rulemaking Read Opens in new tab
Summary AI
The bill section establishes additional funding for the Office of Management and Budget and the Comptroller General to oversee agency rulemaking, requiring agencies to provide detailed reports on the budgetary and economic effects of new rules. It also creates new procedures for congressional and judicial review of certain major rules, including a requirement for Congress to approve any major rule that increases revenue before it can take effect.
Money References
- (a) Appropriation.—In addition to amounts otherwise available, there is appropriated: (1) To the Director of the Office of Management and Budget for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available through September 30, 2034, to carry out this section and the amendments made by this section.
- (2) To the Comptroller General of the United States for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available through September 30, 2034, to carry out this section and the amendments made by this section.
809. Additional reporting requirements Read Opens in new tab
Summary AI
The section outlines additional reporting requirements for federal agencies when they submit new rules, including analyses of costs, job impacts, economic effects, and inflation. It also requires the Comptroller General to determine if a rule is classified as a "major rule" and mandates the disclosure of the constitutional authority behind the rule.
810. Approval of certain major rules Read Opens in new tab
Summary AI
A major rule that increases revenue can only take effect if Congress passes a joint resolution approving it within 60 session or legislative days; if not, the rule is considered unapproved and will not take effect. This process does not alter any existing legal authority for rulemaking, and courts can review if the necessary requirements for a rule to take effect are met.
811. Additional review of rules Read Opens in new tab
Summary AI
In the final year of a President's term, if a rule is submitted that increases revenue, Congress can review it again in the next session. Congress can pass a resolution to reject any such rules, stating they should not be enforced.
812. Review of rules currently in effect Read Opens in new tab
Summary AI
Each year, starting six months after this section becomes law, agencies must review at least 20% of their rules and report them. These rules will expire if Congress does not approve them within five years. If Congress doesn't approve all rules within 90 days, the rules lose effect, but approval can be done in one joint resolution. An "eligible rule" is defined as any rule active when this section becomes law.