House Approves Cline’s Bill to Increase Regulatory Accountability

Legislation Aims to Ensure Federal Regulations are Issued by Senate-Confirmed Officials.

In a significant legislative move, the U.S. House of Representatives has passed Congressman Ben Cline’s (VA-06) bipartisan Ensuring Accountability in Agency Rulemaking Act (H.R. 357). The bill, co-sponsored by Congressman Jared Golden (ME-02), aims to increase accountability in the regulatory process. This legislation mandates that all federal rules, barring a few exceptions, must be signed and issued by individuals appointed by the President and confirmed by the Senate.

Congressman Ben Cline emphasized the need for this change, stating, “Costly regulatory burdens have often been imposed by unelected career bureaucrats, bypassing Senate confirmation. This undermines the accountability owed to the American people.” He hailed the passage of this bill as a significant step towards curbing the overreach of Washington bureaucrats and ensuring a government that is truly accountable to its citizens.

Echoing Cline’s sentiments, Congressman Jared Golden added, “Federal regulations should be crafted by officials who are directly accountable to the American people. The House’s approval of this bipartisan bill is a move towards a more responsible and responsive government.”

This legislative action comes in response to concerns raised by a 2019 study conducted by the Pacific Legal Foundation. The study revealed that a vast majority (98%) of rules issued by the Food and Drug Administration (FDA) from 2001 to 2017 were authorized by non-Senate confirmed officials, a practice also prevalent in other agencies. The study also highlighted that several of these rules had significant economic impacts, and more than 70% of all Health and Human Services (HHS) rules were deemed “unconstitutional” due to being issued by minor officials.

The disparity between the number of laws passed by Congress (143 in 2021) and the rules issued by federal agencies (3,257 in the same year) has been a growing concern. These agency rules collectively impose an estimated annual cost of $1.927 trillion, averaging a burden of $14,684 per U.S. household each year.

The Ensuring Accountability in Agency Rulemaking Act marks Congressman Cline’s first legislation to pass the House floor in the 118th Congress. It now moves to the Senate for consideration.

The bill has garnered support from several other representatives, including Scott Perry (PA-10), Mary Miller (IL-15), Mark Green (TN-07), and others, highlighting its bipartisan appeal.

If enacted, this legislation will redefine the process of federal rulemaking, ensuring that significant regulations are issued by officials who are not only appointed by the President but also confirmed by the Senate, thereby enhancing the democratic accountability of federal regulatory actions.