Consumer Reports, the independent, nonprofit, and nonpartisan organization, strongly urges you to oppose S. 485/H.R. 142, the so-called “Regulations from the Executive in Need of Scrutiny (REINS) Act.” This bill would needlessly and severely hamstring federal agencies in their work to protect consumers from dangers such as tainted food, dirty air and water, invasions of privacy, and predatory financial schemes. It would recklessly undermine existing laws and further paralyze the government’s ability to protect the public.
S. 485/H.R. 142 would require all “major rules” to receive the approval of both the House and Senate within 70 legislative days in order to take effect. With few exceptions, if Congress failed to act in time, the rule could not be brought up again until the next Congress. This requirement would delay or halt the implementation of existing federal statutes simply through congressional inaction. It would unjustifiably obstruct the President’s constitutional duty to “take care that the laws be faithfully executed.” Federal agencies issuing rules already responsibly follow numerous procedural requirements established by Congress and the Constitution, exercising authority Congress has already granted them. This bill would not enhance agency accountability; instead, it would solidify gridlock and dysfunction within the federal government.
S. 485/H.R. 142 would empower either chamber to unilaterally and silently stop a rule, no matter how sensible, important, urgent, and non-controversial it is. A rule could be placed indefinitely on hold even if Congress has required the agency to issue that particular rule. Science and expertise would not be the driver of regulatory outcomes, and congressional gridlock could waste important resources that should be used in performing the agency’s mission.
As our work on behalf of consumers for more than 85 years demonstrates, Consumer Reports recognizes the importance of reducing delays and costs in the regulatory process. We have supported constructive efforts to achieve these objectives, while also promoting and preserving important public protections. Efforts to respond to concerns raised by industry should not lose sight of the strong interest all companies share in a transparent and accountable marketplace. Companies benefit every day when consumers have confidence that there are effective safeguards behind the products and services they encounter in the modern-day marketplace. A loss of that confidence would create uncertainty and concern that would undermine the engine that drives our economy—the faith of American consumers that their marketplace is essentially fair and safe, and that their government is working on their behalf to ensure that it is.
We look forward to working with you to address issues that affect the fairness and effectiveness of the regulatory process, including regulatory capture, unreasonable delays, and inadequate funding for agencies’ missions, as well as unnecessary costs. But S. 485/H.R. 142 would not help achieve our shared goals. Instead, it would make the development of important regulatory protections more costly, more uncertain, and more prone to undue political interference. We strongly urge you to oppose the REINS Act in whatever form the legislation may be considered.
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