Draft Resolution Calling on Congress to Pass the Regulations from the Executive in Need of Scrutiny (REINS) Act

Summary

Through broadly crafted statutes and ambiguous grants of power, Congress has enabled federal agencies to exercise legislative, executive, and judicial powers to craft, interpret, and enforce federal law through the regulatory process. To restore the separation of powers and constitutional structure, this model policy urges U.S. Senators to pass the Regulations from the Executive in Need of Scrutiny (REINS) Act requiring congressional approval before new major regulations are implemented.

Draft Resolution Calling on Congress to Pass the Regulations from the Executive in Need of Scrutiny (REINS) Act

WHEREAS, the federal government has expanded beyond all bounds established by the U.S. Constitution; and

WHEREAS, Congress has frequently delegated its constitutional responsibilities while failing to conduct appropriate oversight and retain accountability for the laws it passes; and

WHEREAS, Congress has created an administrative state that promulgates regulations and creates and administers programs that bend the attention of state bureaucrats toward the federal bureaucracy and away from the state legislature and otherwise interfere with the functioning of state government; and

WHEREAS, these actions diminish state sovereignty and individual liberty, as States and their citizens are coerced into complying with mandates and restrictions emanating from unelected, unaccountable bureaucrats; and

WHEREAS, these actions have enormous negative consequences on national, state, and local economies, with an estimated burden of $1.9 trillion per year, or $15,000 for each American family[1]; and

WHEREAS, the Obama administration promulgated over 600 major rules[2], defined as those with an annual impact of $100 million or more; and

WHEREAS, the Regulations from the Executive in Need of Scrutiny (REINS) Act, H.R. 26[3], introduced by Rep. Doug Collins (R-GA), would require that all major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law and would provide for a joint resolution of disapproval for all nonmajor rules; and

WHEREAS, the REINS Act would increase accountability in the regulatory process, result in more carefully drafted and detailed legislation, and provide Congress with a practical mechanism to retain responsibility for the content of the legislation it passes; and

WHEREAS, the REINS Act has passed the House but, despite its companion bill having 37 Senate cosponsors, Majority Leader Mitch McConnell has not brought it to the floor for a vote;

THEREFORE, be it resolved that the legislature of the State of __________ strongly urges its U.S. Senators to sponsor the REINS Act (S21), to push Senate leadership to bring it to a vote, and to vote in favor so that the bill can be presented to the President for his signature.

[1] See https://cei.org/10kc2017.

[2] See https://www.americanactionforum.org/insight/600-major-regulations/.

[3] See https://www.congress.gov/bill/115th-congress/house-bill/26.