Regulations From the Executive in Need of Scrutiny Act of 2023

Floor Speech

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Mr. NADLER. Mr. Chair, today, we are considering a bill that would require both houses of Congress to vote to approve, and for the President to sign, a motion of approval for any major rule in progress from our executive branch.

We are considering this bill just a week after a splinter group of the far-right Republicans voted down a rule and held our legislative calendar hostage all to prove a point about a debt ceiling that already has passed Congress and has been signed by the President.

Even before this radical move, I had no doubt that the REINS Act would grind to a halt the most impactful actions by our regulatory state. Now, after seeing what just a handful of Members will do just to make a point, I am certain that we cannot let bad measures like this one move forward.

The REINS Act would frustrate the purpose of government and put our constituents in harm's way.

Even if the underlying policy behind the REINS Act was a good idea, which it emphatically is not, I would still argue against it because it is unconstitutional. By allowing the regulation to be blocked from being implemented if even one Chamber declines to pass an approval resolution, the REINS Act is essentially a legislative veto, which the Supreme Court has already held to be unconstitutional.

The goal of this legislation, quite simply, is to stop the regulatory process in its tracks, regardless of its impact on public health and safety.

The bill purports to give Congress control of the rulemaking process, but Congress already has this power and it exercises it in a number of ways. Congress can delegate authority to agencies with specificity, thus limiting the scope of the agency's authority. It can impose restrictions on rulemaking through appropriations. It can influence rulemaking through oversight activities. If all of these measures are insufficient, we also have the blunt tool of the Congressional Review Act, which allows Congress not only to overturn a rule but also to bar the agency from ever passing a substantially similar rule.

The REINS Act is not only redundant, it also creates insurmountable procedural hurdles that would stall the approval of rules of major impact, rules that would be highly beneficial to the public's health and safety.

It is important to remember why we have regulations in the first place. Congress sets broad policies but we delegate authority to executive agencies because we do not have the expertise to craft technical regulations ourselves.

Who here knows how many parts per billion of arsenic should be allowed in our drinking water? Is 10 the proper amount? Should it be 5 or 15? None of us here knows the answer, but the dedicated professionals at our Federal agencies, many of whom have decades of experience and vast technical expertise, undertake a careful process with numerous procedural safeguards to protect our health and safety.

The recent smog and pollution much of the East Coast experienced last week as a result of the Canadian wildfires is a great example of why we need an informed regulatory state to act on our behalf. Decades ago, many cities had similar levels of pollutants in the air, clogging our lungs and causing harm to our children and the environment as we saw last week.

Thanks to expert-informed policies like those regulations instituted under the Clean Air Act, we rarely have days like we saw last week when our most vulnerable citizens must take shelter inside to avoid breathing the air.

Regulations ensure that our air is safe to breathe, our water is safe to drink, our food is safe to eat, and the lifesaving medications we depend on are safe and effective.

I feel much better about leaving regulatory decisions to the careful study of agency experts rather than to Members of Congress who want to substitute their judgment, subject to the whims of politics.

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Mr. NADLER. Mr. Chairman, I will note that we have letters representing over 180 public interest organizations, health experts, and labor unions opposed to the REINS Act because of the harm this bill presents to our country's health and welfare.

Mr. Chair, I include in the Record the letters of opposition. March 9, 2023.

Dear Senator/Representative: The following undersigned organizations representing the public health, medical and patient advocacy communities, write to you to state our strong opposition to S. 184 and H.R. 277--the Regulations from the Executive in Need of Scrutiny Act of 2023 (REINS Act), and we ask you to oppose this harmful legislation.

The REINS Act is a threat to public health. It would add major roadblocks to health-protective regulations by requiring Congress to approve all ``major'' rules issued by federal agencies within a 70-day window. This includes public health rules from the Centers for Medicare and Medicaid Services, the Environmental Protection Agency and the Food and Drug Administration, among other federal agencies that protect the health and safety of American citizens. Under the REINS Act, the default would be Congress blocking important and critical protections including clean air, public health, safety and healthcare measures that have already been authorized by current law.

The REINS act would unilaterally weaken the implementation of public health and safety safeguards that require the promulgation of significant rules that benefit millions of Americans. These include rules that are statutorily required to prevent deaths, illness and injury and to protect the public health. Additionally, the REINS Act would give Congress the power to prevent a ``major'' rule from being effectively implemented simply by taking no action. This step delays safeguards and means that agencies would not only have to reckon with a significantly longer time frame to pass any meaningful rules, but also that the health and safety of the public would remain in limbo and under threat. As we've tragically witnessed in East Palestine, Ohio, federal rules are imperative to ensuring the health and safety of the public.

The REINS Act would also hinder the ability of federal agencies to act and respond to threats swiftly and effectively. While there are some exceptions that allow a rule to be implemented for one 90-day period without Congressional approval--it is not enough.

The REINS Act is a threat to our nation's health. We urge you to oppose the REINS Act and other similar legislation. Sincerely,

American Lung Association, Allergy & Asthma Network, Alliance for Nurses for Healthy Environments, ALS Association, American Heart Association, Asthma and Allergy Foundation of America, Campaign for Tobacco-Free Kids, Climate Psychiatry Alliance, Cystic Fibrosis Foundation. Health Care Without Harm, Hemophilia Federation of America, National Association of Pediatric Nurse Practitioners, National Environmental Health Association, National Organization for Rare Disorders, Physicians for Social Responsibility. ____ American Federation of Government Employees, AFL-CIO, Washington, DC, May 23, 2023. Hon. Jim Jordan, Chairman, House Judiciary Committee, Washington, DC. Hon. Jerry Nadler, Ranking Member, House Judiciary Committee, Washington, DC.

Dear Chairman Jordan, Ranking Member Nadler, and Members of the Committee: On behalf of the American Federation of Government Employees, which represents over 750,000 federal and D.C. government workers across the country, I write to urge you to oppose the following legislation being considered for markup in the House Judiciary Committee this week.

Please oppose H.R. 277, the ``Regulations from the Executive in Need of Scrutiny (REINS) Act of 2023,'' introduced by Representative Kat Cammack (R-FL). This bill would require Congress to approve any federal rule or regulation the Office of Management and Budget determines to have an economic impact of $100 million or more according to before it is imposed on the American people.

Federal agencies should have delegated authority to ensure regulations keep the American public healthy and safe. Government regulations foster job growth and ensure that workplaces are healthy, safe, and accountable. Federal agencies, in conducting rulemaking, are simply implementing programs and regulatory systems that were already approved by Congress and signed into law. Involving Congress in the details of these processes will result in paralysis, the politicization of rulemaking, and poorer outcomes for the health, safety, and wellbeing of the American public.

Please oppose H.R. 357, the ``Ensuring Accountability in Agency Rulemaking Act,'' introduced by Representative Ben Kline (R-VA). This bill would require that any agency rule promulgated under notice and comment procedures must be issued and signed by an individual who was appointed by the President and confirmed by the Senate. This bill would paralyze the functioning of agencies during periods when they have acting heads, and could further complicate and politicize the confirmation process for agency heads.

Unnecessary restrictions on government rulemaking will no doubt restrict the process and prevent the full force of oversight to ensure the American people have a strong and productive government supported by federal workers who are valued and respected. Sincerely, Julie N. Tippens, Director, Legislative Department. ____ United Steelworkers, March 10, 2023. Statement for the Record of Anna Fendley, Director of State and Regulatory Policy, The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) for the House Committee on the Judiciary's Subcommittee on the Administrative State, Regulatory Reform, and Antitrust hearing on ``Reining in the Administrative State: Reclaiming Congress's Legislative Power''

The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) is North America's largest industrial union representing 1.2 million active and retired members. We welcome the opportunity to comment and submit this statement on the subject of today's hearing.

We strongly believe that the Administrative agencies play critical roles in implementing the laws that Congress passes through regulations. Regulations are imperative for protecting public health, welfare, and safety, as well as our shared environment. For our members, regulations allow them to work and live in safer, cleaner, more prosperous communities across the country. Regulations also help level the playing field among businesses and encourage innovation.

Legally, Congress grants federal agencies authority to promulgate and enforce regulations where necessary using their policy, scientific, and technical expertise. The current rulemaking process requires that professional experts work diligently to collect and process complex information. Additionally, agencies must solicit and incorporate input from a broad range of interested stakeholders when designing new rules.

For example, USW members who work in oil refineries and chemical plants and their communities are protected by strong process safety management regulations. Our members who work in gas utilities and on pipelines are protected by regulations from the Pipeline and Hazardous Materials Safety Administration (PHMSA). Steelworkers who make steel for automobiles have more job security because fuel economy rules incentivized their employers to innovate and invest in making stronger, lighter steel. These are just a few examples of the benefits to USW members.

It is also imperative to note that the current regulatory process isn't perfect. However, legislation like H.R. 277, the Regulations from the Executive in Need of Scrutiny Act of 2023 (REINS Act), represents an extreme threat to public health and safety. This legislation would obstruct the ability of federal agencies to enact rules by inappropriately injecting congressional dysfunction and political considerations into the regulatory process. H.R. 277 would require both houses of Congress to approve every major regulation within 70 session or legislative days before it can take effect. By doing nothing or through partisan gridlock, Congress could stop all major regulations from being finalized, including those that are not controversial. Thus, this risks blocking agencies' efforts to fulfill their statutory mandates to pursue public protections and significantly wasting federal government resources.

We believe that improving and strengthening the regulatory process is critical to ensuring that our federal agencies are transparent, accountable, and effective at delivering strong regulatory protections for consumers, workers, public health, and the environment. That is why we encourage the Subcommittee to evaluate legislative proposals that provide a roadmap for reforming the regulatory process, such as the ``Stop Corporate Capture Act'', which is being reintroduced for the 118th Congress today. This legislation would reduce special interest influence on the rulemaking process, increase transparency around federal agency decision-making, clear procedural bottlenecks that delay regulatory protections, empower the public to hold agencies accountable for enforcing the rules, and build a foundation for consideration of social equity in the rulemaking process.

The American people and American businesses need smart and sensible regulations to ensure that all players in our economy are held to the same standards. We stand ready to assist the Subcommittee in its important work to ensure that our regulatory process is transparent, assessible, and protective of the public. Thank you.

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Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, at the appropriate time, I will offer a motion to recommit this bill to committee. If the House rules permitted, we would have offered the motion with an important amendment to the bill. The amendment would have ensured that vulnerable groups like veterans and their health will not be harmed by the politicization and delay of critical executive branch rules under the REINS Act.

Mr. Chairman, I include in the Record the proposed text of the motion to recommit.

Mr. Nadler moves to recommit H.R. 277 to the Committee on the Judiciary with instructions to report the same back to the House forthwith with the following amendment:

Add at the end the following: SEC. 6. EFFECTIVE DATE.

This Act and the amendments made by this Act shall not take effect until the date on which the Secretary of Veterans Affairs certifies to Congress that implementation of this Act, and the amendments made by this Act, will not delay the provision of benefits or health services to veterans by the Secretary of Veterans Affairs.

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Mr. NADLER. Mr. Chair, although the REINS Act will harm everyone, we must at least ensure that those who serve in our Armed Forces are not further harmed by this legislation.

Mr. Chairman, this legislation is just the latest effort by Republicans to dismantle and destroy the regulatory process, a process that protects our health and safety each and every day.

Regulations ensure that we have clean air to breathe, clear water to drink, and safe food to eat. They ensure that children's toys and cribs are safe, that medications are safe and effective, and that the planes, trains, and automobiles we depend on for transportation will keep us safe. They ensure that consumers are protected from fraud and discrimination, that workers are treated fairly, that veterans are fairly compensated for their service, and so much more.

However, Republicans want to stop this process in its tracks and put our health and safety at risk, just as they stopped our process of legislating last week, all to prove a point to leadership.

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Mr. NADLER. Mr. Chairman, I will not repeat myself. For all the reasons I gave a couple of minutes ago, this is a very bad bill. It is very dangerous legislation for the peace and health and safety of the people of the United States.

Mr. Chairman, I urge everyone to oppose it, and I yield back the balance of my time.

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