Speeches and Floor Statements

Van Hollen Statement in opposition to H.R. 10, the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2011


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Washington, Dec 7, 2011 - Mr. Speaker, I rise in opposition to H.R. 10, the so-called “Regulations from the Executive in Need of Scrutiny (REINS) Act of 2011.”    

Federal agencies issue rules based on statues created when Congress and the President enact legislation.   These agencies devote months and even years conducting research, gathering expertise from skilled professionals, and seeking public input when crafting major rules.   Congress relies on these agencies to promulgate these rules, because they have expertise in a given area.  However, this bill would require that congressional politics play a part in deciding complicated rules and regulations.   By preventing agencies from enacting rules, this bill could undermine the ability of agencies to protect the public’s health and safety. 

Supporters of this legislation make the anecdotal claim that this bill is needed to stop a plethora of regulations. They forget that Congress currently has considerable power, even the responsibility at times, to alter and influence federal rulemaking.   Congress has the power under various means to review and reject rules issued by executive agencies.  Under the Congressional Review Act, Congress may pass a joint resolution disapproving any rule within 60 days of receiving the rule.  If the President signs the resolution of disapproval, the regulation is not implemented.  Additionally, it is important to note that federal agencies are only issuing rules to implement statutes that have been enacted by Congress.  Federal agencies must adhere to the statute when promulgating a rule.  Congress can also impose restrictions on agency rulemaking through the appropriations process by preventing agencies from using funds to implement or enforce certain rules.  Congress may also revamp rulemaking procedures.  In addition to the Congressional Review Act, Congress has enacted the Unfunded Mandates Reform Act, the Regulatory Flexibility Act, and the Paperwork Reduction Act.  All of these bills reform the procedures for federal rulemaking by federal agencies.  

This bill before us today is unnecessary and potentially harmful to the public health and safety.  I urge my colleagues to oppose this bill. 


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