Time to REIN in the Executive Branch

On September 22, Senator Jim DeMint (R-S.C.) introduced the Regulations from the Executive in Need of Scrutiny (REINS) Act as the companion bill to Rep. Geoff Davis’ (R-Ky.) legislation, H.R. 3765.  The DeMint legislation aims to stop costly anti-free market and job-killing regulations that are often imposed by federal agencies without any congressional oversight. 

In 2009, the federal government issued 3,316 new rules and regulations, the equivalent of 1.6 rules per working hour.  Many regulations are far-reaching and place significant new burdens on American businesses and taxpayers.  In 2008, there were 94 major rules, and in 2009, there were 78 major rules established that the Administrator of the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) found to impact the economy by at least $100 million. 

Unfortunately, members of Congress are not required to approve major federal regulations finalized under their watch.  Current law only allows for members to pass a resolution of disapproval in an effort to overturn major rules.  This unchecked power of the executive branch and the lack of congressional oversight has allowed for the establishment of onerous regulations like the recent Environmental Protection Agency rule establishing a mandatory greenhouse gas emissions reporting program for sources with emissions that exceed 25,000 tons per year.  Additionally, there are at least 40 provisions in the Patient Protection and Affordable Care Act which require federal rulemaking.

The REINS Act would require Congress to approve every major rule proposed by the Executive Branch before it can be imposed on Americans.  Once a major rule is drafted, it must be voted on by both the House and Senate and signed by the President.  Such a process will help safeguard taxpayers from unnecessary and overly burdensome regulations and ensure that federal agencies do not overstep their boundaries.  

Taxpayers should not be subject to any unchecked whim of the executive branch, especially at a time when the nation is facing a fiscal crisis, Americans are struggling to find work, and businesses are already constrained by burdensome taxes and regulations.

– Erica Gordon