Regulations from the Executive in Need of Scrutiny Act of 2013

Floor Speech

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Mr. WEBSTER of Florida. Mr. Chair, this amendment is straightforward. It closes a regulatory loophole that allows Federal agencies to make major policy changes without appropriate congressional review.

As currently written, the REINS Act covers agency rules developed through the formal notice and comment rule-making process, but that's not enough. By removing two exceptions from the definition of ``rule,'' we ensure that agency actions that serve a regulatory purpose are subject to the $100 million threshold.

The current administration circumvents congressional oversight and public input by issuing general statements of policy known as ``guidance documents'' in order to achieve its intrusive regulatory agenda. This tactic shields major and costly policy changes from any congressional oversight laws put in place to protect citizens. Let me give you two examples.

The EPA used a guidance document to remove the word ``navigable'' from the definition of ``waters of the United States.'' This would expand its jurisdiction to potentially regulate traditional State waters and roadside ditches that hold water after rainfall. The EPA estimates that this guidance document could cost Americans $171 million annually. Last month, we all know the administration used a guidance document to delay the health care law's employer coverage mandate. The CBO estimates this guidance document will cost $12 billion.

Both of these guidance documents make substantive changes to policy without congressional review. Under the REINS Act as currently drafted, these costly guidance documents would escape the disapproval process even though they breach the $100 million threshold established by REINS.

Good policy does not have to be hidden within the cloak of bureaucratic power grabbing. My amendment seeks to shine light into the dark corner of regulatory infrastructure that is abused by those with an agenda that must be hidden from view. It simply allows elected Representatives the opportunity to review policy changes issued through internal guidance that exceed the $100 million threshold. Hardworking taxpayers are owed a choice and a voice through their elected Representatives in all major policy changes that impact their jobs and their pocketbooks. This amendment secures this fundamental measure of government, accountability, and respect for taxpayers.

By requiring a vote of Congress in all substantive agency rules, the REINS Act results in more clearly written legislation; it improves the regulatory process; and it holds government accountable to the American people for the laws imposed upon them.

I urge my colleagues to support the Webster amendment and strengthen the REINS Act by closing this guidance document loophole, which erodes the rule of law.

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Mr. WEBSTER of Florida. Mr. Chairman, I yield myself such time as I may consume.

I just want to remind everyone that we all remember what happened on July 3 when there was an announcement made that all of the sudden we were going to basically reverse our decision on the Affordable Care Act passed by this Congress. I would not have voted for it had I been here. With one stroke of the pen on a guidance document, they were able to thwart the law that we passed.

We talk about this body is for legislating? Yes, it is. When it does, we expect the executive branch to enforce that law, which it didn't; and it didn't because it was able to use that guidance document to change the law. It's not right. Vote for this amendment.

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