Regulations From the Executive in Need of Scrutiny Act of 2023

Floor Speech

BREAK IN TRANSCRIPT

Ms. HAGEMAN. Mr. Chair, the power of the administrative state to impose radical and unpopular policies that could never be passed by Congress violates the separation of powers established by the Constitution and is a failed business model for running this country.

Section 1 of Article I of the U.S. Constitution grants all legislative powers to Congress. Over time, however, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes.

The REINS Act is critical to Congress reclaiming its rightful authority and responsibility to legislate. The purpose of this act is to increase accountability for and transparency in the Federal regulatory process.

By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people.

The REINS Act is drafted to address what is often referred to as the nondelegation doctrine, which is a judicially created concept that has resulted in a dramatic shift in power from the legislative branch to the executive branch and is flatout unconstitutional. It is what has allowed regulatory agencies to adopt regulations and even guidance documents that may impose economic costs of billions of dollars on certain industries and businesses and ultimately on the American people without any congressional oversight or involvement at all.

As an example, a few years ago, the USDA issued guidance requiring cattle to have radiofrequency ID ear tags for tracking purposes. This would have imposed a $2 billion cost on the cattle industry, yet the ranchers had no input and Congress never passed such a law.

The current state of affairs has empowered unelected bureaucrats to legislate without any accountability whatsoever while allowing Members of Congress, your elected Representatives, to abdicate their most important constitutional responsibility, the responsibility to write the laws.

The REINS Act requires Congress to affirmatively approve agency rules with an annual economic effect of $100 million before they become effective.

Prior legislative attempts to rein in the administrative state have been insufficient. The result is that the administrative state has continued unabated, imposing unwanted, unwise, unlawful, and unconstitutional policies with impunity.

What do I mean? In 2021, Congress passed just 143 laws, while Federal agencies issued 3,257 rules. The REINS Act would require affirmative congressional approval of major agency rules before they take effect. It does nothing more than require Congress to do as our Founding Fathers expected, to legislate, and it promotes electoral accountability.

I cannot fathom why anyone would oppose such accountability and course-correcting of this legislative ship. Please put America and your constituents first. Please hold Congress accountable for legislating, and please vote ``yes'' on the REINS Act.

BREAK IN TRANSCRIPT

Source