BILL: Should We Fight Executive Overreach? - REINS Act of 2023 - H.R.277

The Bill

H.R.277 - The REINS ACT - The Regulations from the Executive in Need of Scrutiny Act of 2023

Bill Status

• Sponsored by Rep. Kat Cammack (R-Fla.) on Jan. 11, 2023
• The lead sponsor is Sen. Rand Paul (R-Ky.)
• Committees: House- Judiciary; Rules; Budget
• House: Passed
• Senate: Received on June 20, 2023 - Not yet voted
• President: Not yet signed

Bill Overview

• The REINS Act would require congressional approval for any proposed federal agency rule with an economic impact of $100 million or more.
• It puts decision-making power in the hands of elected representatives and reclaims legislative power from unelected agencies. 
• Preserves Congress’ authority to disapprove of a “nonmajor rule” through a joint resolution.

What's in the Bill?

Proposes that major regulations need Congress' approval

• When a federal agency proposes a major regulation, the bill says it will need to submit the regulation to Congress for approval.
• Both the House and the Senate would have to pass a joint resolution of approval. If the resolution fails, the regulation will not go into effect.

Places decision-making in the hands of elected representatives

• Enhances democratic accountability and reduces regulatory overreach by executive-branch agencies.

Defines major rules

• The REINS Act defines a “major rule” as any federal rule or regulation that will have an annual effect on the economy exceeding $100 million.
• The designation will also apply to regulations that will lead to a major increase in prices for consumers, individual industries, government industries, or geographic regions.
• Applies to regulations that have a significant negative impact on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.

What Supporters are Saying

• Sponsor Rep. Cammack said:

“The REINS Act is the single largest regulatory reform in decades and will save the American people trillions each year in compliance costs...It’s long past time we limit the rampant executive overreach that makes up the fourth branch of government and rein in the nameless, faceless bureaucrats in basements across Washington, D.C. I’m grateful to my colleagues for their support of this effort in seeing this bill past the finish line.”

• James Broughel, a fellow at the Competitive Enterprise Institute, said:

"Contrary to the original intent of the U.S. Constitution, powerful lawmaking authority now resides in an alphabet soup of federal agencies like the EPA, the CDC, and the SEC. Our elected representatives, meanwhile, have largely been relegated to the sidelines."

• Gov. Barry Moore (R-AL) said:

"The REINS act would hold Biden and his bureaucrats accountable by forcing them to answer to representatives elected by the American people, and it also holds those representatives accountable by requiring them take a vote on how tax dollars will be spent.”

What Opponents are Saying

• The White House opposes the legislation, stating that Biden will veto the bill if it passes in the Senate:

“The Administration strongly opposes passage of H.R. 277. [The] REINS Act of 2023 would undermine agencies’ efforts by inserting into the regulatory process an unwieldy, unnecessary, and time-consuming hurdle that would prevent implementation of critical safeguards that protect public safety, grow our economy, and advance the public interest. If Congress were to pass H.R. 277, the President would veto it.”

• The National Education Association said:

“These provisions are unnecessary as well as unwise. The Congressional Review Act already allows Congress to halt implementation of regulations; it can also decide not to fund a program. The regulatory process is neither simple nor quick—and that is at it should be. The process of formulating regulations, guidance, and rules for implementing federal programs must be informed by the voices of experts, practitioners, and impacted parties, as well as scientific data and other relevant information."

Tell your reps to support or oppose the bill.

—Emma Kansiz 

(Photo Credit: Canva)