H.R.es426 - Providing for consideration of the joint resolution (S.J. Res. 13) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of the Comptroller of the Currency of the Department of the Treasury relating to the review of applications under the Bank Merger Act; providing for consideration of the joint resolution (S.J. Res. 31) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the…
Summary
H.Res.426 is a resolution providing for the consideration of two joint resolutions: S.J. Res. 13, concerning a rule by the Office of the Comptroller of the Currency (OCC) regarding bank merger applications, and S.J. Res. 31, concerning an Environmental Protection Agency (EPA) rule on reclassification of major sources under the Clean Air Act. The resolution outlines the procedures for debating and voting on these joint resolutions in the House of Representatives.
Specifically, it waives points of order against the consideration of both joint resolutions and sets time limits for debate. It also addresses the process for amendments and motions to commit.
Furthermore, it waives the two-thirds vote requirement for considering a report from the Committee on Rules related to reconciliation measures.
Expected Effects
If adopted, H.Res.426 will allow the House to consider S.J. Res. 13 and S.J. Res. 31 under specific rules, expediting the process of potentially disapproving the OCC and EPA rules. This could lead to the overturning of these agency rules if both houses of Congress agree and the President does not veto the disapproval.
The waiver of the two-thirds vote requirement could expedite consideration of reconciliation measures.
Potential Benefits
- Streamlined legislative process for considering resolutions of disapproval.
- Allows for debate and potential overturning of agency rules deemed undesirable by Congress.
- Provides a mechanism for congressional oversight of executive branch agencies.
- Could lead to outcomes favored by either proponents or opponents of the specific OCC and EPA rules, depending on the votes.
- Expedites consideration of reconciliation measures.
Potential Disadvantages
- Limits debate time, potentially hindering thorough consideration of complex issues.
- Waiving points of order could bypass normal procedural safeguards.
- Could lead to political gridlock if the House and Senate disagree on the resolutions.
- May be perceived as an overreach of congressional power into agency rulemaking.
- Could create uncertainty for businesses and regulated entities if agency rules are frequently overturned.
Constitutional Alignment
This resolution aligns with Article I, Section 5 of the US Constitution, which grants each House the power to determine the rules of its proceedings. The use of a joint resolution for congressional disapproval is authorized under Chapter 8 of Title 5, United States Code, also known as the Congressional Review Act (CRA), which is a mechanism Congress created to check the power of the executive branch.
However, the CRA itself has been debated regarding its impact on the separation of powers. The resolution itself does not violate any specific constitutional provision, as it is procedural in nature and facilitates the legislative process.
It is important to note that the underlying joint resolutions (S.J. Res. 13 and S.J. Res. 31) and the rules they seek to disapprove could have constitutional implications depending on their content and impact.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).