FEDERAL GOVERNMENT AND THE REINS ACTMAJOR REGULATIONS

FEDERAL GOVERNMENT AND THE REINS ACTMAJOR REGULATIONS

CONTENTS

PREFACE

Chapter 1 REINS ACT: NUMBER AND TYPES OF"MAJOR RULES" IN RECENT YEARS

SUMMARY

INTRODUCTION

REINS Act

Methodology Used in this Report

NUMBER OF MAJOR RULESAND THE AGENCIES THAT ISSUED THEM

Agencies Issuing Major Rules

RULES APPEAR TO BE “MAJOR” FOR A VARIETY OF REASONS

Transfer Rules, Fee Rules, and Consumer Surplus Rules

Transfer Rules

“Consumer Surplus” Rules and Rules Establishing Fees

Expected Compliance Costs, Regulatory Benefits, or Both

Net Benefits

Net Costs

Monetized Costs but Non-monetized Benefits

Rules Expected to Result in Major Increases in Costs or Prices

“MAJOR RULES” IN OTHER YEARS

Transfer Rules

CONCLUDING OBSERVATIONS

Number of Rules and Why Considered “Major”

Congressional Oversight

Statutory Requirements

Specificity of Statutory Rulemaking Authority

APPENDIX. “MAJOR RULES” FROM CALENDAR YEAR 2010

End Notes

Chapter 2 TESTIMONY OF DAVID MCINTOSH BEFORE THE SUBCOMMITTEE ON COURTS, COMMERCIAL AND ADMINISTRATIVE LAW OF THE HOUSE JUDICIARY COMMITTEE, HEARING ON "THE REINS ACT - PROMOTING JOBS AND EXPANDING FREEDOM BY REDUCINGNEEDLESS REGULATIONS"

UNPRECEDENTED ECONOMIC BURDENOF FEDERAL REGULATIONS

CURRENT CONGRESSIONALOVERSIGHT OF REGULATIONS

CONSTITUTIONALITY OF THE REINS ACT

A. The REINS Act Is Consistent with the Constitution

1. Congress Has Power to Restrict AgencyAuthority to Implement Major Rules

2. Congress Has Power to Enact LegislationAuthorizing Individual Major Rules

3. The Houses of Congress Have Power to CreateFast-Track Procedures

B. The Reins Act Would Help to Enforce the Constitution's Separation of Powers

I. The Reins Act Would Enforce the Vestingof Legislative Power in Congress

2. The REINS Act Would Enforce the Vestingof Executive Power in the President

End Notes

Chapter 3 PREPARED STATEMENT OF JONATHAN H. ADLER BEFORE THE SUBCOMMITTEE ON COURTS, COMMERCIAL AND ADMINISTRATIVE LAW COMMITTEE ON THE JUDICIARY U.S. HOUSE OF REPRESENTATIVES, HEARING ON " THE REINS ACT - PROMOTING JOBS AND EXPANDING FREEDOM BY REDUCING NEEDLESS REGULATION

THE NEED FOR REGULATORY ACCOUNTABILITY

PAST EFFORTS TO ENHANCE LEGISLATIVECONTROL AND POLITICAL ACCOUNTABILITY

THE REINS ACT

End Notes

Chapter 4 STATEMENT OF SALLY KATZEN BEFORE THE SUBCOMMITTEE ON COURTS, COMMERCIAL AND ADMINISTRATIVE LAW OF THE HOUSE COMMITTEE ON THE JUDICIARY, HEARING ON "THE REINS ACT - PROMOTING JOBS AND EXPANDING FREEDOM BY REDUCING NEEDLESS REGULATIONS"

INDEX