The House of Representatives passed a bill on Wednesday to limit the rulemaking powers of federal administrative agencies and require Congress to approve all new major rules.
The REINS Act – also known as the “Regulations from the Executive In Need Of Scrutiny Act” – mandates that Congress must vote to approve all “major” executive branch regulations – defined as having an economic effect of $100 million or more – must be approved by Congress in order to take effect. The bill was passed along party lines, by a vote of 221-210.
Congressional Republicans have been critical of the Biden administration’s regulatory agenda, which has been used to impose new rules regarding climate policy, student debt and gun control. Republicans in the House and Senate, together with moderate Democrats such as Sen. Joe Manchin of West Virginia, have passed bills repealing such regulations, which have not succeeded after being vetoed by Biden.
@RepKatCammack throws down on why the #REINSAct is so important and necessary to stop the crushing regulations of the regulatory regime. Whether you call it the “silent American dream-killer” or the “fourth branch of gov’t,” the executive overreach must end. pic.twitter.com/wCDZtoU1Nv
— Rep. Cammack Press Office (@RepKatCammack) June 14, 2023
“During the first year of this administration, the Biden White House added more than $200B in new regulatory costs. These new regulations cost the American taxpayers over $2T per year in compliance costs and economic losses without the proper oversight from the legislative branch,” said Republican Rep. Kat Cammack of Florida, the bill’s sponsor at its introduction. Over 140 House Republicans signed onto the bill as co-sponsors.
The CRA process would still be followed by Congress for non-major rules, i.e., costing below $100 million, according to the legislation. This cost would be estimated by the Comptroller General of the United States, who heads the U.S. Government Accountability Office (GAO).
During the floor consideration of the bill, several amendments to the definition of a “major rule” were passed. These included one proposed by Republican Rep. Chip Roy of Texas, which expanded the definition to include rules likely to result in mandatory vaccinations, and another proposed by Republican Rep. Lauren Boebert of Colorado, requiring the GAO to publish an estimate of a rule’s effect on inflation.
The REINS Act has been introduced many times in both Houses of Congress. Cammack introduced it previously in 2021, as did Republican Sen. Rand Paul of Kentucky in 2017.
Efforts to reduce the Executive Branch’s regulatory power tie into conservative criticism of the “administrative state,” referring to bureaucracies that issue rules to implement legislation. Conservatives have lamented rulemaking by unelected bureaucrats, with former Trump adviser Steve Bannon claiming that he wanted to deconstruct the administrative state in 2017.
It is highly unlikely that the REINS Act will become law in this Congress amid Democratic opposition. In a statement, the Biden administration wrote that “the Act would undermine agencies’ efforts by inserting into the regulatory process an unwieldy, unnecessary, and time-consuming hurdle” and that Biden would veto the bill.
Cammack did not immediately respond to a request for comment.
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