On the recordAugust 1, 2013
Mr. Chair, this amendment is straightforward. It closes a regulatory loophole that allows Federal agencies to make major policy changes without appropriate congressional review. As currently written, the REINS Act covers agency rules developed through the formal notice and comment rule-making process, but that's not enough. By removing two exceptions from the definition of ``rule,'' we ensure that agency actions that serve a regulatory purpose are subject to the $100 million threshold. The current administration circumvents congressional oversight and public input by issuing general statements of policy known as ``guidance documents'' in order to achieve its intrusive regulatory agenda. This tactic shields major and costly policy changes from any congressional oversight laws put in place to protect citizens. Let me give you two examples. The EPA used a guidance document to remove the word ``navigable'' from the definition of ``waters of the United States.'' This would expand its jurisdiction to potentially regulate traditional State waters and roadside ditches that hold water after rainfall. The EPA estimates that this guidance document could cost Americans $171 million annually. Last month, we all know the administration used a guidance document to delay the health care law's employer coverage mandate. The CBO estimates this guidance document will cost $12 billion. Both of these guidance documents make substantive changes to policy without congressional review.…





