U.S. Senators Katie Britt, Rand Paul Introduce Legislation Limiting Power of Unelected Bureaucrats
Supports restoring lawmaking power to legislative branch, increasing accountability to Americans
WASHINGTON, D.C. – U.S. Senator Katie Britt (R-Ala.) joined Senator Rand Paul (R-Ky.) in introducing the Regulations from the Executive in Need of Scrutiny (REINS) Act to help put power back in the people’s hands instead of the administrative state. Their legislation would require Congressional approval of any major rule that would have an economic impact of $100 million or more.
Under the REINS Act, any major rules upon drafting would require approval by both chambers of Congress and then the signature of the President, satisfying the bicameralism and presentment requirements of the Constitution. Currently, regulations automatically take effect unless Congress specifically disapproves.
“The REINS Act will literally rein in our out-of-control administrative state that is harming Alabamians and wasting taxpayer dollars. Unelected bureaucrats should be responsible for following the laws Congress passes—not usurping Congress through executive rulemakings,” said Senator Britt. “The Constitution explicitly vests the authority and responsibility to make laws in the legislative branch. It’s time to restore this power and increase transparency and accountability to the American people.”
The bill defines a “major” rule as one that the Office of Management and Budget determines may result in an economic impact of $100 million or greater each year; “a major increase in costs or prices” for American consumers, government agencies, regions, or industries; or “significant adverse effects” on the economy.
“The whims of an unaccountable administrative state should never rule our lives. For too long, an ever-growing federal bureaucracy has piled regulations and red tape on the backs of the American people without any approval by Americans’ elected representatives. By making Congress more accountable for the most costly and intrusive federal rules, our REINS Act would give Kentuckians and all Americans a greater voice in determining whether these major rules are truly in America’s best interests,” said Dr. Paul.
Senator Britt was also a cosponsor of the REINS Act in the 118th Congress. The bill introduced in the 119th Congress includes new provisions providing a legal defense for individuals, and the right to sue to stop enforcement if an agency implements a major rule without getting congressional approval.
The REINS Act also includes the LIBERTY Act, which would codify that any agency guidance with an economic impact of $100 million or more would require congressional approval just like major rules. In addition, the bill would exempt agencies from needing congressional approval to withdraw costly or burdensome rules. The full text of the bill can be viewed here.
This effort follows Senator Britt’s recent introduction of Senator Eric Schmitt’s (R-Mo.) Separation of Powers Restoration Act (SOPRA), ending an unconstitutional practice of handing unelected government bureaucrats unjustified deference in court. Senator Britt believes this legislation “is a key step in handing the reins back to the people, not unaccountable figures in the administrative state.”
###
