I thank the chairman. Two years ago, I met with the a constituent who was concerned about the effects of unfunded EPA mandates on his water and sewer bills. He wanted to know why Congress doesn't vote on new regulations. This simple…
I thank the chairman.
Two years ago, I met with the a constituent who was concerned about the effects of unfunded EPA mandates on his water and sewer bills. He wanted to
know why Congress doesn't vote on new regulations. This simple question inspired the legislation that we're considering today, and it also begs a broader question: Who should be accountable to the American people for major laws with which they are forced to comply?
Since the New Deal, every Congress has delegated more of its constitutional lawmaking authority to unelected bureaucrats in administrative agencies through vaguely written laws. This is an abdication of Congress' constitutional responsibility to write the laws.
This practice of excessive delegation of legislative powers to the executive branch allows Members of Congress to take credit for the benefits of the law it has passed and then blame Federal agencies for the costs and requirements of regulations authorized by the same legislation. Members of Congress are never required to support, oppose, or otherwise contribute to Federal regulations that are major and finalized under their watch.
Even more troubling, this practice has enabled the executive branch to overstep the intent of Congress and legislate through regulation based on broad authorities previously given the agency. In recent years, we've seen examples of administrative agencies, regardless of party, going beyond their original grants of power to implement policies not approved by the people's Congress.
In several cases, such as net neutrality rules and the regulation of carbon emissions, agencies are pursuing regulatory action after Congress has explicitly rejected the concept. In fact, administrative officials publicly proclaimed the strategy after the results of the 2010 elections, going around Congress by forcing their agenda through regulation.
In February of last year, The New York Times quoted White House Communications Director Dan Pfeiffer as saying, ``In 2010, executive actions will also play a key role in advancing the administration's agenda.'' True to their word, the administration continues using regulations as an end around Congress.
The lack of congressional accountability for the regulatory process has allowed the regulatory state to grow almost unchecked for generations. Federal administrative agencies issued 3,271 new rules in 2010, or roughly nine regulations per day.
These regulations have a profound impact on our economy. The Small Business Administration estimated that regulations cost the American economy $1.75 trillion in 2008, and that's nearly twice the amount of individual income taxes paid in this country that year. Small businesses spend an estimated $10,500 per employee to comply with Federal rules, a considerable burden on the private sector's ability to create jobs at a time of continued economic struggles.
Today, we can choose to continue on this path, or we can vote to restore our constitutional duty to make law and be held accountable for the details. The REINS Act effectively constrains the delegation of congressional authority by limiting the size and scope of rulemaking permission.
Once major rules are drafted and finalized by an agency, the REINS Act would require Congress to hold an up-or-down vote on any major regulation. Major regulations are those with an annual economic impact of more than $100 million, as determined by the Office of Information and Regulatory Affairs. The President would also have to sign the resolution before it could be enforced on the American people, job creators, or State and local governments. Every major regulation would be voted on within 70 legislative days.
The REINS Act was specifically written not to unnecessarily hold up the regulatory process. Rather, the bill prevents REINS resolutions from being filibustered in the Senate.
The point of the REINS Act is simply accountability. Each Congressman must take a stand and be accountable for regulations that cost our citizenry $100 million or more annually. No longer would Congress be able to avoid accountability by writing vague laws requiring the benefits up front and leaving the unpopular or costly elements to the bureaucrats who will write those elements of the law at some later date. Whether or not Congress approves a particular regulation, there will be a clearly accountable vote on the subject that the American people can see and judge for themselves.
This ensures the greatest regulatory burdens on our economy are necessary to promote the public welfare, rather than simply sprouting from the minds of unelected bureaucrats.
The bill's name as a metaphor for the reins on a horse is fitting. The purpose of reins is not to keep a horse at a standstill. Reins are a tool to ensure that the horse knows what is expected of him and is acting according to the intent and will of the rider.
Likewise, the REINS Act would not stop the regulatory process. It would improve the regulatory process by ensuring that new major rules match the intent of Congress and the will of the American people. The REINS Act would foster greater upfront cooperation between agencies and future Congresses, resulting in better written legislation and regulation.
With greater accountability and transparency, regulatory agencies will have no choice but to write regulations that reflect the need for sensible standards and take into account the impact regulations have on American businesses and families.
Similarly, agencies would no longer be able to bypass Congress with regulations that don't match congressional intent or go too far.
Not all regulations are bad. Many provide needed public safeguards, help to keep the American people safe, and maintain a level playing field for businesses to compete. And so good regulations would be approved by future Congresses, and those that could not withstand the public scrutiny of a vote in Congress would not.
A commonsense regulatory system with appropriate checks and balances on the most economically significant rules will help to revive our stagnant economy and give more businesses the ability to hire thanks to a better sense of stability and what to expect from Washington going forward.
The question we're asked today is in effect the same I was asked by my constituent in August of 2009: Who should be accountable for the rules and regulations that have the greatest economic impact on our economy? My answer is the Congress. In an era of high unemployment, Congress can no longer avoid its responsibility to the American people for the regulatory burden. Passing the REINS Act today would be a major step forward in returning to a constitutional, responsible, legislative, and regulatory framework.
I want to thank Judiciary Chairman Lamar Smith for his countless efforts on behalf of the REINS Act and his leadership, as well as the more than 200 cosponsors of this bill in the House. I urge my colleagues to support this bill.
Thank you, Mr. Chairman.
I could not disagree with the gentleman from Georgia more. It's obvious which one of us has run a business and which one is talking about a business.
The reality of the regulatory impact on businesses is huge. All you have to do is ask small business owners in any of our congressional districts if they can get credit because of the newly improved FDIC rules on lending. They will tell you they can't. They can't get credit because of the new regulations, and banks are being consolidated and are going under now. We're finding a rash of environmental regulations throughout the Ohio Valley. Machine tool operators, steel mill operators and other manufacturers say over and over that they will be out of business if the cap-and-trade carbon regulations are imposed by the EPA. These are facts. Health care right now is imposing hiring freezes with the Affordable Care Act.
Once again, there is no reason under any circumstances that we should exempt major regulations that do, indeed, have a real impact on hiring, investment, job creation, and especially on an individual who wants to take the risk to start a business.
Congress should not abdicate its authority any longer regarding these rules. We should step up to the plate and be accountable. If we do so, jobs will be created as a result.
I thank the gentleman for yielding.
I would point out that Gallup has released a survey that shows that one in three small business owners is worried about going out of business; and overwhelmingly, the response to this survey across the United States points to the uncertainty and the unpredictability caused by regulations.
This bill, the REINS Act, is not antiregulation. It is about more transparency and accountability in regulation, and it is about having Congress step up to the plate. It's important that we work together to restore that trust and confidence in the Congress--that we do our jobs, that we stand firm, and that we exercise restraint over the executive branch so that it cannot act in scoring itself on whether jobs are created.
Let that be done by the Congress, which is held accountable. Let us stand for the vote and be accountable to our citizens.
I thank the gentleman for yielding.
I also oppose the amendment. The amendment leaves it to each agency to determine how we will conduct the cost-benefit analyses of any regulations. This is regrettable. Each agency will be tempted to design rules that it can manipulate to claim that benefits routinely outweigh costs. In past administrations when we've seen this attempt done, there was a divergence of standard; there was no continuity and virtually no reduction in the regulations or understanding of this across the whole of government.
The Regulatory Accountability Act, which the House passed on December 2, 2011, calls for agencies to follow uniform guidelines for cost- benefit analyses. This improves quality, and it prevents deceptive actions by rogue agencies. The amendment undercuts that effort. Similarly, under executive order 12866, the President has long required agencies to follow uniform guidelines for cost-benefit analyses. The amendment undermines that requirement, too.
I urge my colleagues to oppose the amendment.
Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, I yield myself such time as I may consume.
The amendment carves out of the bill essential categories of major regulations. These include all major rules on food safety, workplace safety, consumer product safety, clean water, and clean air.
In many cases, these are precisely the agency actions that impose the most cost, do not produce enough benefits, and do not faithfully implement the intent of the people's representatives in the Congress and in the Senate.
A good example is the Environmental Protection Agency's recent proposal to control mercury emissions from coal and oil-fired power plants. EPA estimated that the rule would cost $11 billion annually to achieve at most just $6 million in total mercury reduction benefits. That is an 1,833 to 1 cost-benefit ratio. Most of the benefits EPA identified to justify the rule had nothing to do with the control of hazardous air pollution. Proponents of the regulation have nothing to fear from the REINS Act. When agencies prepare good major regulations, Congress will be able to approve them. This provides agencies with a powerful incentive to get major regulations right the first time.
Think about this from the perspective of the mercury regulation that had the 1,833 to 1 cost-benefit ratio. Who do you think is going to pay for that? The mistake that is made in the arguments saying that it's the rich on Wall Street who benefit are entirely wrong. It's hardworking taxpayers. It's the middle class, the working poor, and the elderly whose utility rates will be driven through the roof as a result of a regulation that was imposed against the intent of the Congress.
When an agency prepares a bad regulation, however, Congress will be able, under the REINS Act, to correct the agency and send it back to the drawing board. In the end, the agency will find a way to issue a good regulation that Congress will approve.
It will improve the dialogue between the executive branch and the Congress. But until it does, those who must pay for regulations will not have to pay for the cost of a misguided major rule made by people who are not accountable to our voters.
I urge my colleagues to oppose the amendment, and I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the amendment.
I would point out, first of all, that in a national emergency, the President of the United States does have the ability to enact an emergency rule. But what this amendment seeks to do is shield the Department of Homeland Security from Congress's authority to approve regulations under the REINS Act. That shield should be denied.
For example, take the Department's rule to extend compliance deadlines for States to issue secure driver's licenses under the REAL ID Act. Ten years after 9/11 when hijackers used fraudulent licenses to board airplanes to murder 3,000 innocent Americans, DHS continues to extend the deadline.
Another example is the Department's 2009 rule to recall the Bush administration's no-match rule. That regulation helped companies to identify illegal workers and comply with Federal immigration law. When the Obama administration issued its rule to repeal no match, it put the interests of illegal immigrants above those of millions of unemployed Americans and legal immigrants.
This is the kind of decisionmaking that takes place at the Department of Homeland Security. Congress should use every tool it can use to reassert its authority over the legislation rulemaking functions it has delegated to DHS. The result will be to streamline communication, to improve communication in crisp and focused pieces of legislation and regulation. The REINS Act is available to do that.
The point of the REINS Act is accountability, and each Congressman must take a stand to be accountable for regulations that cost our citizenry $100 million or more annually.
I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
I would like to reiterate that the point of the REINS Act is accountability. It would not impinge, but I believe it would actually improve our ability to manage rulemaking and regulation that relates to security, indeed. The strongest authority in the House of Representatives who could speak on that very issue spoke in favor of this bill earlier, Congressman Chris Gibson from New York, who commanded a brigade in Afghanistan, where that picture was taken, and also a battalion in Iraq in 2005. And I would defer to his authority and military experience on that fact.
The real issue is accountability and restoring transparency and checks and balances to the executive branch so that the American people do not have the reach of government into their back pockets, into their personal lives, into their schools, into their communities, and frankly, in northern Kentucky, even into our sewer pipes, without the consent of the governed.
With that, I oppose the amendment, and I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the amendment.
I yield myself such time as I may consume.
I respect my friend from Wisconsin with whom I have worked on numerous pieces of legislation related to child homelessness and affordable housing; but in this case I'm going to respectfully disagree with the premise of the legislation, as a veteran, as a former Army Ranger, as a flight commander of an assault helicopter unit in the 82nd Airborne Division and who served in the Middle East.
The one thing that I would say is that nothing in the REINS Act would in any way inhibit or impede the delivery of services to our veterans, of whom I have been a champion in my time in Congress on numerous pieces of legislation. What I would say is the REINS Act would provide a framework for discussion were there a rule to arise that hit that cost threshold to assure crisp, clear improvement, particularly in dealing with backlogs.
When we deal with the VA specifically, I have had area managers of the Veterans Administration point out specific rules that cause increased queuing and waiting time that were not being addressed. This amendment would actually prevent us from being able to address such things, were they to hit the threshold.
The amendment carves all regulations that affect veterans and veteran affairs out of the REINS Act congressional approval procedures. Frankly, the REINS Act supporters honor America's veterans. We have had America's veterans speaking in favor of this bill throughout the afternoon.
I believe that ultimately we are going to make decisions that will be in keeping with the will of the American people and in the best interests of those veterans as we move forward.
With that, I reserve the balance of my time.
That's a point that the gentlewoman and I will agree to disagree on. I believe that we have seen the Congress move in an expedited manner in national security in dealing with our veterans, and there would be no difference under this legislation.
Ultimately, we know that Congress must approve all legislation relating to every agency of the Federal Government, and we'll be doing our constitutional duty, as I remind everybody listening, to restore transparency, accountability, and a check-and-balance so that our citizens and our voters can hold somebody in the government accountable instead of faceless bureaucrats.
It's a solution that everyone should support. Congress will be more accountable.
I ask all of my colleagues to oppose this amendment, and I yield back the balance of my time.
Mr. Speaker, I rise in opposition to the motion to recommit.
Mr. Speaker, this motion is a distraction. It misses the point of this legislation entirely. We are here today to restore accountability for the regulations with the biggest impact on our economy.
Good, bad or ugly--and our regulatory code includes all three-- Congress should be accountable for regulations that cost the American people $100 million or more annually.
The REINS Act simply says that Congress must vote on these regulations, these major rules, before they can be enforced on the American people. Essentially, this motion to recommit repeats part of an exclusion already attempted in the McCarthy amendment that the House just voted down. It's purely a political motion.
The REINS Act has been the subject of two hearings and a markup in the Judiciary Committee and was subject to an additional markup in the Rules Committee. Today, we have had a robust debate on the bill and seven amendments, five of which were offered by colleagues in the minority.
Congress has a bipartisan bad habit writing vague legislation that sounds nice, but leaves the dirty work to unelected bureaucrats in administrative agencies. This practice has allowed the Congress to claim credit for popular aspects of laws, and blame regulatory agencies for increased costs or the otherwise negative effects of the regulations.
Agencies are also starting to bypass Congress by writing regulations that stretch the bounds of their delegated authorities. The administration has declared an intent to pursue their agenda by pushing items they could not get through Congress through regulatory actions instead. Indeed, laws they could not pass in Democratic supermajorities in the last Congress are now being attempted, against the will of the Congress, to be implemented by regulation.
What we have proposed in the REINS Act is very simple: Congress should at the very least be accountable for regulations with $100 million of annual economic impact or more. These rules are classified by the administration as major rules.
The REINS Act is not anti-regulation, and it is not pro-regulation. What we're saying is let's have a transparent and accountable process for implementing new regulations.
According to a recent Gallup Poll, small business owners cited complying with government regulation as the biggest problem facing them today. Public Notice did a poll recently that found that a majority of Americans believe Congress should approve regulations before they can be enforced.
Our economy is struggling to recover, and more than 13 million Americans are still out of work. Congress needs to do a much better job of creating a pro-growth environment that increases our competitiveness and rewards entrepreneurship and ingenuity.
Everyone agrees that regulations can have a significant and detrimental impact on jobs and our economy. Even President Obama described regulations that stifle innovation and have a chilling effect on growth and jobs in an op-ed for The Wall Street Journal earlier this year.
The REINS Act lays down a marker to say that Congress should be directly accountable for the most expensive regulations that could stifle innovation and have a chilling effect on growth and jobs.
In the words of the great Speaker from Cincinnati, Ohio, Nicholas Longworth, I ask all of my colleagues to strike a blow for liberty, to vote for accountability. I oppose the motion to recommit. Vote against the motion to recommit. Support the REINS Act.
I yield back the balance of my time.