[Congressional Record Volume 169, Number 105 (Thursday, June 15, 2023)]
[Extensions of Remarks]
[Page E572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




OPPOSING H.R. 277, ``REGULATION FROM THE EXECUTIVE IN NEED OF SCRUTINY 
(REINS) ACT,'' AND H.R. 288 ``THE SEPARATION OF POWERS RESTORATION ACT 
                               OF 2023''

                                 ______
                                 

                        HON. SHEILA JACKSON LEE

                                of texas

                    in the house of representatives

                        Thursday, June 15, 2023

  Ms. JACKSON LEE. Mr. Speaker, I rise today to reassert my opposition 
to H.R. 277, the ``Regulation from the Executive in Need of Scrutiny 
(REINS) Act'' and H.R. 288, ``The Separation of Powers Restoration Act 
of 2023.''
  H.R. 277, the REINS Act, is a measure that has been offered by 
Republicans dating back to 2012, is and has always been a problematic 
bill that would restrict agency rulemaking procedures and undermine 
public health and safety.
  Because it would require both houses of Congress to pass, and the 
President to sign, a joint resolution of approval for any major rule 
before they can take effect, this bill would effectively act as a 
chokehold on Federal agency rulemaking.
  I, along with my colleagues, have attempted to address many of the 
ills these bills purport by offering common sense amendments that 
Republicans have continued to refuse any meaningful consideration.
  My amendment to H.R. 277, listed on the Rules Committee roster as 
Amendment No. 30, would have exempted from the bill the congressional 
approval requirement for any proposed rule that is made to ensure the 
safety of products used or consumed by children under the age of 2.
  Without such an amendment, the REINS Act cripples the Federal 
government's ability to protect our children and prioritize their 
safety.
  As it stands, this bill has no exceptions or flexibility when it 
comes to pressing issues of public health and safety.
  It is deeply troubling that REINS Act will delay the implementation 
of integral new public health and safety safeguards, putting our 
children at risk.
  As such, the REINS Act will ultimately fail to protect the public as 
it places an expertise-based process into the hands of the government, 
allowing the political games we have seen in the House this Congress to 
continue.
  Because of the special vulnerability of young children and the 
distinct threat that the implementation of the REINS Act poses to the 
current regulatory process, I urge my colleagues to join me in 
opposition to H.R. 277.
  H.R. 288, ``The Separation of Powers Restoration Act of 2023'' 
purports to address constitutional and statutory deficiencies in the 
judicial review of agency rulemaking.
  Yet, this bill is a long-repeated effort to shift the scope and 
authority of judicial review of agency actions away from federal 
agencies by amending Section 706 of the Administrative Procedures Act 
(APA) to ``require that courts decide all relevant questions of law, 
including all questions of the interpretation of constitutional, 
statutory, and regulatory provisions, on a de novo basis without 
deference to the agency that promulgated the final rule, unless 
otherwise expressly provided by statute.
  Effectively, H.R. 288 would abolish judicial deference to agencies' 
statutory interpretations in federal rulemaking and create harmful and 
costly burdens to the administrative process.
  Mr. Speaker, I am concerned about the ability for agencies to act in 
times of imminent need to protect citizens.
  In particular, H.R. 288 would make sweeping and dangerous changes 
that would jeopardize the ability of the Department of Homeland 
Security to protect our nation in times of urgent and imminent need.
  My amendment to H.R. 288 listed on the Rules Committee roster as 
Amendment No. 3, would have been a simple but necessary revision that 
would remedy this concern by excluding from the bill cases with rules 
made by the Secretary of Homeland Security and pertaining to any matter 
of national security.
  As a Senior Member of the Homeland Security Committee, I understand 
the many challenges the Department of the Homeland Security (DHS) 
already faces and its critically important role in preventing terror 
threats and keeping Americans safe.
  The Department is the first line of defense in protecting the nation 
and leading recovery efforts from all-hazards and threats which include 
everything from weapons of mass destruction to natural disasters.
  We do not need to be reminded of the heightened state of security our 
nation is in and the ever-increasing demands imposed upon our 
government agencies tasked with keeping our borders and citizens safe.
  Now is not the time to undermine or slow the ability of DHS and its 
ability to address growing threats and active acts of terrorism.
  The overall mission of DHS is too critical and its functions 
indispensably essential, such that it would be impugned to do anything 
that will slow down the process that allows DHS to do its job.
  Given the absence of my essential amendment and the fact that H.R. 
288 would cripple Federal agency's ability to act in times of imminent 
need, I urge opposition to H.R. 288.

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