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Reclaiming Article 1 Powers, Loudermilk Votes to Rebalance Constitutional Authority

Rep. Loudermilk (R-GA) issued the following statement on the passage of the Regulatory Accountability Act, which packaged six Constitutional Article 1-related bills into one comprehensive piece of legislation:

“Article 1 of the U.S. Constitution states that ‘all legislative powers’ are granted to the legislative branch; however, over the past several decades, the executive branch has claimed more and more legislative authority. This assuming of power has grown to the point that Congress is now in the position of vetoing policies that were unilaterally enacted by the President, and have the effect of law. This is the opposite of what our founders established.

“Today, the House passed a comprehensive bill which takes a huge step in rebalancing the separate powers of government. Last year, I fought hard, alongside other conservative House members, to reclaim the Article 1 powers of Congress. This year, with this and other similar bills, we are creating momentum towards returning to the Constitution and shifting the direction of our nation - putting the American people back in the driver’s seat and allowing Congress to legislate and carry out the people’s work.”

Background


The Regulatory Accountability Act, H.R. 5, significantly reforms the regulatory process, increasing agency homework and disclosure requirements necessary before final publication. Legislation included in H.R. 5:

Regulatory Accountability Act
   - Require agencies to choose the lowest cost rule-making alternative that meets statutory objectives.
   - Increasing information disclosure and opportunity for public input/vetting of critical information and alternatives, especially for major and billion-dollar rules.

Separation of Powers Restoration Act (SOPRA)
   - Implementing judicial review to undo Chevron and Auer doctrines.

Small Business Regulatory Flexibility Improvements Act
   - Requires agencies to report on the direct, indirect, and cumulative impacts of new regulations on small businesses. Increases disclosure of agency action and info required to be part of an agency’s regulatory flexibility analysis.

• Require Evaluation before Implementing Executive Wishlists (REVIEW) Act
   - Prohibits new billion-dollar rules from taking effect until courts can resolve timely filed litigation.

• All Economic Regulations Are Transparent (ALERT) Act
   - Requires agencies to submit a monthly report to the Office of Management and Budget (OMB) for each rule expected to be proposed or finalized during the upcoming year.
   - Reports include summary, objective legal basis, stage of rulemaking and review due to economic impact.

• Providing Accountability Through Transparency Act
   - Requires agencies to post a 100-word summary to regulations.gov.