House Republicans set to pass legislation to hobble the administrative state
House Republicans will soon pass a bill that will dramatically reduce government bureaucracy, and give elected officials more control.
Rep. Kat Cammack, R-FL, introduced the Regulations of the Executive In Need of Scrutiny Act (REINS) earlier this year. It is expected to be voted upon soon. The bill targets the rulemaking of the executive branch, and would require that any new “major rules” proposed by federal agencies be approved by the House and Senate prior to going into effect.
According to the current version of the REINS Act, a “major regulation” is any federal rule or regulations that could have an economic impact of over $100 million per year, cause a significant increase in consumer prices or negatively affect competition, employment and investment.
Cammack, in an interview with the Washington Examiner, said: “Today, I think everyone can agree that the fourth branch of government is the regulatory regime, no matter what your political affiliation.” Both parties have weaponized it… Instead of going through the traditional legislation process, we now have faceless, nameless bureaucrats working in basements across Washington, D.C., who are making laws and implementing them without accountability or consequences.
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Critics of the proposal claim that it would impose burdensome regulations on the regulatory process, and impede the federal government’s ability to take action.
Cammack stated that her bill was designed to give Congress back its Article 1 authority in order to legislate proposed rules and regulation that meet the criteria of major changes. She said that Congress should have this power now, because the Biden administration is using rulemaking in a “hyperpartisan” manner.
The Labor Department, for example, proposed a rule allowing retirement plan managers the ability to take into account environmental, social and governance factors in making investment decisions. Fiduciaries can weigh ESG factors in making investment decisions, but the rule does not require them to do so.
Republicans in Congress tried to override ESG rules and received some Democratic support. The Senate, with the support of centrist senators, voted to repeal the rule 50-46. Joe Manchin, D-WV and Jon Tester, D-MT voted to rescind the rule. The House voted to approve the rollback 216-204, with Rep. Jared Golden of Maine being the only Democrat who voted against it.
The Labor Department’s rule was implemented after President Joe Biden vetoed it. There wasn’t sufficient support in Congress to overturn Biden’s decision.
Wayne Crews is vice president of policy at Competitive Enterprise Institute. He told Washington Examiner, if REINS became law, this would be a significant shift in the way the administrative state operates.
Crews stated that “REINS is extraordinarily important in that Congress would have to get up and affirm major regulations — this makes a big difference.”
Crews said rulemaking under Biden was especially excessive. Crews said that Biden’s administrative state has been more active than the former president Barack Obama, who famously threatened to use the pen and phone as a way of achieving executive action without the consent of Congress.
He said that Biden had taken it to a new level, mentioning in particular the ESG drive. Crews stated that some independent agencies such as the Consumer Financial Protection Bureau (CFPB) and Federal Reserve are pushing for the ESG agenda.
Biden administration claims that agency regulations play a vital role in keeping the U.S. on its feet. The White House stated in a statement that the bill would create an “unwieldy and unnecessary hurdle” that would hinder the implementation of safeguards to protect public safety and grow the economy.
Critics claim that the REINS Act is also redundant and an affront against the separation of power.
The REINS Act vote was supposed to take place last week, but it has been delayed because of the standoff that occurred between House Speaker Kevin McCarthy’s (R-CA), Republican leadership and hard-line conservatives frustrated with his handling of debt limit negotiations.
A source familiar with these conversations told The Washington Examiner that several of the members want to renegotiate the terms which secured McCarthy as speaker in January. All votes have been delayed because of the holdouts. Republicans will not be able pass legislation with their slim majority in the House without the support of the rebellious members.
The REINS Act, despite the gridlock in Congress, is a signal to Republicans that they want to take action on the issue of tearing down the administration state. Rep. Kevin Hern, the chairman of Republican Study Committee and Rep. Kevin Hern from Oklahoma told Washington Examiner he was fully behind this push.
Hern stated that “our bloated federal governments has thrown away these clearly defined roles by forcing burdensome regulation written by unelected bureaucrats on the American people.” “I’m proud to protect our Constitution through the REINS Act. It gives us the decision-making power over regulations that impact the economy by at least $100 million.”
Cammack said to the Washington Examiner that, as the Republican Party moves towards the elections of 2024 and beyond, she believes congressional oversight over federal administrative state and rulesmaking will become a more important policy platform.
She said: “Because this is the way we see some of most nefarious acts being taken and implemented.”
The REINS Act is unlikely to be passed in its current form with Biden in the White House, since he will veto the bill. However, if Republicans take the White House in the year 2024, the REINS Act could be a major achievement for the GOP. Crews stated that the REINS Act is important for the future of our country.
“Everything, from the local tap water to commercializing space, is being turned into an official government project.” This will mean a lot of regulations in terms of volume and bulk, he said.
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