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47 Regulation 20 (2024-2025)
Taking the REINS of the Administrative State: Idaho Offers Useful Insights into the Effects of Legislative Review of Regulation

handle is hein.journals/rcatorbg47 and id is 134 raw text is: 20 / Regulation / FALL 2024 Taking the REINS of the Administrative State Idaho offers useful insights into the effects of legislative review of regulation. BY ALEX ADAMS AND TIM FROST or years, congressional Republicans have sought unsuccessfully to pass the Regulations from the Executive in Need of Scrutiny (REINS) Act. While various iterations of the bill have been proposed, the fundamental principle remains the same: Fed- eral executive branch agencies may not implement major regulations meeting a minimum economic threshold without first obtaining congressional approval. Proponents of the bill point to the accumulation of federal regulations in recent decades stemming from Congress's broad delegation of regulatory authority to federal agencies. While delegation has the potential advantage of allowing subject matter experts within the agencies to work with the regulated community and craft nuanced regulations, it is believed to ~ come at the expense of political control. Proponents say the REINS Act would stem the tide ofnew regulations by enhanc- ing congressional oversight and strengthening accountability for major new regulations. - Those critical of the REINS Act believe it is a recipe for inaction, further burdening the work of Congress with reg- ulatory review while delaying the implementation of needed j regulations that can improve public health or safety. Some of these critics say it would supplant expert judgment and politicize the regulatory process. Others question its effects r on the proper separation of powers between the executive and legislative branches of government. E IIš Given the absence of a federal REINS Act, arguments for and against it are theoretical. However, we can glean insight into its effects from the states, where many legislatures require some form of legislative approval of regulations. Broughel et al. 2022 report that 43 states have legislative review of regula- 5 ALEX ADAMS formerly was budget and regulatory chief for the Idaho Division of Financial Management. TIM FROST is a senior fellow at the Cicero Institute.