By Rep. Kristi Noem

Federal administrative agencies issued on average nine new regulations per day last year totaling 3,271 for all of 2010. A recent study sponsored by the Small Business Administration found that annual regulatory compliance costs in the United States hit $1.75 trillion in 2008.  This is a overwhelming figure that exceeds the total collected from income taxes that year ($1.449 trillion).

Although this trend is not new, too often major decisions are made by unelected, unaccountable bureaucrats who have never set foot in South Dakota.  It is my belief that this is inconsistent with the constitutional responsibilities of our representative government. 

To restore congressional accountability for the ever-expanding regulatory process, my colleague Representative Geoff Davis [KY-04] introduced the Regulations from the Executive in Need of Scrutiny (REINS) Act earlier this year.  The REINS Act is a bill that would require Congress to take an up-or-down, stand-alone vote, and for the President to sign-off on all new major rules before they can be enforced on the American people, job-creating small businesses, or State and local governments.

The bill defines a major rule as those that have an annual economic impact of $100 million or more.  If the bill were in place last year, 100 major rules would have been subject to the law’s requirements.

The House of Representatives recently passed the REINS Act by a bipartisan vote of 241 to 184 with my support.  This is a major step forward in improving the regulatory process with additional accountability.  If the REINS Act becomes law, Members of Congress will be accountable to their constituents on the question of whether a new regulation is truly needed, or is an unnecessary burden. 

Furthermore, the REINS Act would prevent Administrations from either party from bypassing Congress and any real debate to implement a partisan political agenda through regulation.

It is important to clarify an important point.  By supporting this bill we aren’t saying all regulations are bad; many provide critical public safeguards.  However, when a proposed regulation has the potential to impact in the hundreds of millions or even billions of dollars on our economy, it should be subject to the review by the elected representatives of the people.

The REINS Act is a commonsense reform that will increase congressional accountability, improve the regulatory process, and protect the American people from further unnecessary regulatory burdens on our economy.  I am pleased to have supported it in the House and hope the Senate will consider it soon.

Rep. Kristi Noem is South Dakota’s lone U.S. Representative, elected in November 2010.  She serves on the Agriculture, Education and Workforce and Natural Resources Committees.