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Rep. Mike Honda

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Rebuking Reins: Why Members Of The House Must Oppose The Regulations From The Executive In Need Of Scrutiny Act

Posted: 12/07/11 04:15 PM ET

House Republicans are set to move on to the third piece of their anti-regulation agenda, H.R. 10, the so-called "Regulations from the Executive in Need of Scrutiny (REINS) Act." The REINS Act seeks to undermine the nation's environmental, health and safety laws by requiring Congressional approval for any major rule within 70 days of introduction.

Yes, it would require Congress, which has shown itself particularly unable to get its job done this year, to act on any major rule.

Rules ranging from those implementing the Clean Air Act, to new workplace safety and health protections, to limits on Wall Street, and to new food safety regulations would need to be approved, with no changes, by both houses of Congress within 70 days in order to take effect. If a rule is not approved within that time, it would be tabled for the next Congress.

Innocuously titled and intentionally cumbersome, the REINS Act would make it nearly impossible for federal agencies to protect Americans' health or the environment in the future. It already takes many years for federal agencies to create and get approval of the rules needed to implement new laws, given existing review and analysis processes and public comment procedures as well as Congressional intervention. H.R. 10 would make Congress the required arbiter of every technical question and business dispute over a rule and would allow a single chamber of Congress to stop any regulation, no matter what the facts showed. In so doing, the REINS Act would fundamentally change the way our government protects the environmental and public health of the American people.

While Republicans try to argue that H.R. 10 will improve regulatory oversight, the reality is that the bill merely serves as cover to effectively undo existing enforcement mechanisms that members in their party do not support. While Republicans suggest H.R. 10 will streamline government processes, the reality is that bill will make the rulemaking process more cumbersome and enable a new Congress to block the implementation of legislation passed by a previous Congress without actually having to publicly repeal popular laws. Moreover, while Republicans suggest H.R. 10 will ease the burden of small businesses, create jobs and bolster the economy, in action, the bill would bog down businesses and federal agencies in needlessly exhaustive compliance processes and litigation at the expense of American families and opportunities for American workers.

What concerns me most of all is that instead of relying on scientists and issue-area experts in federal agencies to set standards to protect our health and environment, the REINS Act will make politicians in Congress to the arbiters of what is safe for the American people. As a former teacher, I understand the importance of scientific evidence and knowledge-sharing in making wise decisions, and as a Member of Congress, I have seen all too clearly how some of my fellow politicians ignore the evidence when making important decisions. For example, we are living in an era of twenty of the hottest years in recorded history; glaciers and permafrost are vanishing, weather patterns are shifting, access to water is decreasing, and the consequences of sudden climate change, such as rising oceans, increased storm activity, and the displacement of wildlife, are a threat to the economy, our coastal cities, and possibly the very existence of humanity. Yet Republicans in Congress have blocked action on legislation to deal with the problem of climate change, despite what the evidence shows. The public policy that will protect environmental and public health must be informed by the best science, not impeded by legislative gridlock and political polarization.

The REINS Act is redundant, irresponsible and intentionally time-consuming. Far from streamlining government processes, the bill is yet another attempt in a long line of legislative initiatives presented in this Congress to undermine our nation's environmental, health and safety laws. It would effectively rewrite virtually every environmental and other regulatory statute, making existing requirements unenforceable, and it would discourage federal agencies from adapting policies to changing public needs. The goal of the REINS Act is to neglect the scientific evidence that enables us to progress and paralyze our government's ability to protect American people.

Now, more than ever, Congress must act to protect our public health, food supply, water, air quality, public lands, and financial security. We should not be enacting additional regulatory roadblocks that would erase 100 years of American progress and threaten the quality of life of generations to come.

Honda has represented the 15th Congressional District of California in the U.S. House of Representatives for a decade. He serves on the House Appropriations and Budget Committees and is Chair Emeritus of the Congressional Asian Pacific American Caucus.

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12:17 PM on 12/08/2011
And yet, we see the ridiculous right winger's argue that everything that is regulated by DC is unconstitutional. Someone please frack in their back yard, mandate that drywall from china be placed in their home, allow their children to chew on contaminated toys from china and never ever tell them when a contaminated crop is in his grocery store or that their drugs are contaminated and for goodness sake let them be the recipient of untested blood when they need a transfusion. Don't require sterilized equipment to be used during a medical procedure, etc. Because all of those are requirements that come from the bureaucracy that they hate.

Allow your neighbor to burn plastic in their back yard, because the chemicals being released into the air are magically contained within their property perimeter.

This is their argument as they race to the bottom and fail to understand or recognize their own ignorance about regulations. Fortunately for them, there are some with the same level of ignorance in DC - well, they may not be quite as dumb, but are being bought by companies to under mind the safety processes under the guise of "free markets" and profits.
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Son of Liberty 1765
Exposing Government Lies.
11:06 AM on 12/08/2011
The whole regulatory process is Unconstitutional. All rules should go through Congress. We are being destroyed by unaccountable leftist government bureacrats.
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HUFFPOST SUPER USER
mabinog
My micro-bio is a desolate wasteland
01:00 PM on 12/08/2011
the problem with that is the Constitution you are referrring to is only an ideological pipe dream created through right wing extremist magical thinking. A sham, a symbol to promote the regressive policies that history has already shown to fail and destroy people's lives.
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Son of Liberty 1765
Exposing Government Lies.
02:24 PM on 12/08/2011
THe most successful country in the history of the world guided by the Constitution and it is a sham? Wow. GO move to Cuba.
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SofaKing22
If God is for us, who can be against us?
11:03 AM on 12/08/2011
Thank you Rep. Honda for such a well written and informative piece on the REINS bill. It makes no sense to leave these kinds of decisions to people who are being lobbied by and influenced by the same corporations and industries that would like to see these regulations go away or minimized. How is that in the best interest of the people (who aren't corporations)?
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Trepasky
Sanity is neither free nor easy
10:45 AM on 12/08/2011
Nothing like depending on politicians to dictate our future based upon the wishes and desires of those who gave them money to campaign and to create the laws we all live within.

I wonder if my $10 campaign donation will be noticed among the $millions from businesses like energy companies who would like to repeal pollution standards?

This is America where politicians are bought and sold as pawns by the wealthy and corporations. Fortunately, their ignorance can not be hidden behind the dollars. We can now see, politicians really have no 'clothes (science/facts)' just ideology to cover their intentions.
10:32 AM on 12/08/2011
Are there any Constitutional lawyers reading this? The three branches of government: Executive, Legislative, and Juditial are designed to hold the Republic in check. Republicans are pressing the Supreme Court regarding Obamacare and now trying to legislate redefining the power of the Executive branch. This is war against the Republic by "Republicans".
10:19 AM on 12/08/2011
If REINS passes, you'd better give up fishing and hunting. The fish and game you catch will be poisoned with mercury emissions, and once mercury enters your body it stays. We'll also need to change the title of "Sweet Home Alabama" to "Poisoned Home Alabama." The tourist industry on the Gulf Coast needs to shut down - since off shore oil companies can drill and spill as much as they pleans. And, not even God can help coal miners without the OSHA.

This assault on the EPA and the OSHA proves what I long suspected. The GOP claims you might get a job, if you let corporations poison your children. What a winning platform!
justhinking
I'll listen if you will
10:24 PM on 12/08/2011
Their claim to get you a job is the same claim they made when they demanded the Bush tax cuts. Remember jobs for everyone if we would just give the rich a few billions of dollars. Now, let us poison and kill some of your children and there will be jobs for everyone. The sad thing is they could have spent less on unemployment benefits and the stimulus package and ended up creating even more jobs and no one would have to get hurt.
05:20 PM on 12/07/2011
I just watched Congressman Johnson on Fox who stated those who oppose this bill want us to be dependent on foreign oil. They should be able to frac for natural gas without restrictions he asserts. To call your fellow congressman who disagree with him so evil as to want to benefit Arab and Russian oil monopolies defies reason, any sense of reality and is a tragic comic remark from a politician who can say anything and know he will not be held accountable. How does the district this fool represents stomach these bold face lies? Then again they elected him, and are as irresponsible.
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Son of Liberty 1765
Exposing Government Lies.
11:07 AM on 12/08/2011
Nobody is saying no restirctions, they are saying they must pass through our representative body rather than unelected bureacrats.
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mabinog
My micro-bio is a desolate wasteland
01:02 PM on 12/08/2011
the appropriations for the those bureaucrats already go through the Congress, spare us.
justhinking
I'll listen if you will
10:30 PM on 12/08/2011
They are not unelected bureaucrats, they are government scientists with the knowledge, experience and neutrality to make these types of decisions as opposed to corrupt corporate tools just out to make a fast buck at the expense of the American people. Today's politicians are the most untrustworthy people around. You have one group that actually and proudly refuses to accept basic scientific theory because it does not benefit their sponsors. How can you even begin to trust them with applying the very science they deny to life and death decisions. GOP politicians have disqualified themselves from making any decisions based on scientific facts. I know you want to support your team but in this case your life may be in danger. You really need to think this through.