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March 2, 2023

The Honorable Kevin McCarthy
Speaker of the U.S. House of Representatives
H-232, The U.S. Capitol
Washington, DC 20515

Republican Leader Mitch McConnell
Minority Leader of the U.S. Senate
317 Russell Senate Office Building
Washington, DC 20510

Dear Speaker McCarthy and Republican Leader McConnell:

From the outset, President Biden adopted a “whole of government” approach to push the Left’s agenda through regulatory power.1 This full-scale strategy is indifferent to procedural safeguards and transparency, and backdoor regulation has become a hallmark of the current administration. At the direction of President Biden, federal bureaucrats have infiltrated the lives of Americans through a historic expansion of government.

At a time when states have a record-high number of ineligible enrollees in the Medicaid program, the Biden administration has proposed a rule to weaken oversight.2 It would prohibit states from conducting more frequent eligibility reviews and, per the administration’s own estimate, would add $100 billion in new costs within five years.3 The administration also adjusted food stamp benefits that will increase costs by nearly $20 billion, all while avoiding public input by bypassing notice and comment.4 As for President Biden’s climate agenda, a new proposed rule would force companies to disclose “climate risk” information to the SEC.5 And in an unprecedented move, the administration initiated a plan for student loan bailouts through a press release, modifying the plan along the way in order to evade potential legal challenges.6-7 Without a rule on the books, the bailouts could cost taxpayers more than $1 trillion.8

When the executive branch plans massive expansions of government, the elected representatives of the American people must be able to weigh in before businesses and consumers are weighed down by costly regulations.

States like Florida and Wisconsin have passed laws modeled on a federal proposal, known as the Regulations from the Executive in Need of Scrutiny Act, or REINS Act.9-10 Under the REINS Act, a proposed rule with a hefty price tag cannot be implemented without securing legislative approval.

Regulations can impose costs and raise prices, operating like a hidden tax on the public. The current administration has tried to use regulation to conceal excessive federal spending, but runaway inflation has family budgets stretched to the breaking point. Americans are now paying the price for President Biden’s regulatory spending spree, and the REINS Act is the solution.11

Nameless, faceless bureaucrats control far too much of American life. Though the sheer volume of regulations is overwhelming, and Congress cannot review and approve every single regulation, it can protect the American people from the most burdensome.

The REINS Act would not altogether reverse the runaway regulatory state, but it would help revive the voice of the American people in D.C. by restoring political accountability for major federal policies. We urge you to stand as a bulwark against out-of-control regulators.

Respectfully,

Tarren Bragdon
President and CEO
Foundation for Government Accountability

Stephanie Smith
President and CEO Alabama Policy Institute

James Carter
Director
Center for American Prosperity America First Policy Institute

Brent Gardner
Chief Government Affairs Officer Americans for Prosperity

Scot Mussi
President and Executive Director Arizona Free Enterprise Club

Justin Owen
President and CEO Beacon Impact

Matt Stiers
Executive Director
Christian Business Partnership of Ohio

Charles Mitchell
President and CEO Commonwealth Foundation

Ed Corrigan
President and CEO
Conservative Partnership Institute

Paul Teller
Executive Director
Advancing American Freedom

Bethany Marcum
CEO
Alaska Policy Forum

Gentry Collins
CEO
American Free Enterprise Chamber of Commerce

Jimmy Greene
CEO
Associated Builders and Contractors of Michigan

Jameson Taylor, PhD
President
Center for Political Renewal

David McIntosh
President
Club for Growth

Kent Lassman
President and CEO Competitive Enterprise Institute

Hunter Tower
East Coast Director Freedom Foundation

Grover Norquist
President
Americans for Tax Reform

Adam Brandon
President FreedomWorks

Joe Kent
Executive Vice President Grassroot Institute of Hawaii

Fred Birnbaum
Director of Legislative Affairs
Idaho Freedom Foundation and Idaho Freedom Action

Chris Hagenow
President
Iowans for Tax Relief

Daniel J. Erspamer
CEO
Pelican Institute for Public Policy

Tom Aldred
Executive Director
Texas Conservative Coalition Research Institute

Christian N. Braunlich
President and CEO
Thomas Jefferson Institute for Public Policy

Scott Manley
Executive Vice President, Government Relations
Wisconsin Manufacturers & Commerce

Grace-Marie Turner
President Galen Institute

Ryan Walker
Vice President, Government Relations Heritage Action

Heather R. Higgins
CEO
Independent Women’s Voice

Alan R. Ostergren
President and Chief Counsel Kirkwood Institute

Tony Woodlief
Senior Executive Vice President State Policy Network

David Balat
Director, Right on Healthcare Texas Public Policy Foundation

Kyle Koenen
Policy Director
Wisconsin Institute for Law & Liberty

Cc:

The Honorable Steve Scalise
House Majority Leader

The Honorable Tom Emmer
House Majority Whip

The Honorable John Thune
Senate Republican Whip

The Honorable John Barrasso
Chair, Senate Republican Conference Ranking Member, Senate Committee on Energy and Natural Resources

The Honorable Elise Stefanik
Chair, House Republican Conference

The Honorable Gary Palmer
Chair, House Republican Policy Committee

The Honorable Glenn “GT” Thompson
Chair, House Committee on Agriculture

The Honorable Kay Granger
Chair, House Committee on Appropriations

The Honorable Mike Rogers
Chair, House Committee on Armed Services

The Honorable Jodey Arrington
Chair, House Committee on Budget

The Honorable Virginia Foxx
Chair, House Committee on Education and the Workforce

The Honorable Cathy McMorris Rodgers
Chair, House Committee on Energy and Commerce

The Honorable Patrick McHenry
Chair, House Committee on Financial Services

The Honorable Michael McCaul
Chair, House Committee on Foreign Affairs

The Honorable Mark Green
Chair, House Committee on Homeland Security

The Honorable Bryan Steil
Chair, House Committee on House Administration

The Honorable Joni Ernst
Chair, Senate Republican Policy Committee Ranking Member, Senate Committee on Small Business and Entrepreneurship

The Honorable Shelley Moore Capito
Vice Chair, Senate Republican Conference Ranking Member, Senate Committee on Environment and Public Works

The Honorable John Boozman
Ranking Member, Senate Committee on Agriculture, Nutrition, and Forestry

The Honorable Susan Collins
Ranking Member, Senate Committee on Appropriations

The Honorable Roger Wicker
Ranking Member, Senate Committee on Armed Services

The Honorable Tim Scott
Ranking Member, Senate Committee on Banking, Housing, and Urban Affairs

The Honorable Chuck Grassley
Ranking Member, Senate Committee on Budget

The Honorable Ted Cruz
Ranking Member, Senate Committee on Commerce, Science, and Transportation

The Honorable Mike Crapo
Ranking Member, Senate Committee on Finance

The Honorable Jim Risch
Ranking Member, Senate Committee on Foreign Relations

The Honorable Bill Cassidy
Ranking Member, Senate Committee on Health, Education, Labor, and Pensions

*The Honorable Rand Paul
Ranking Member, Senate Committee on Homeland Security and Governmental Affairs

The Honorable Jim Jordan
Chair, House Committee on the Judiciary

The Honorable Bruce Westerman
Chair, House Committee on Natural Resources

The Honorable James Comer
Chair, House Committee on Oversight and Accountability

The Honorable Tom Cole
Chair, House Committee on Rules

The Honorable Frank Lucas
Chair, House Committee on Science, Space and Technology

The Honorable Roger Williams
Chair, House Committee on Small Business

The Honorable Sam Graves
Chair, House Committee on Transportation and Infrastructure

The Honorable Mike Bost
Chair, House Committee on Veterans’ Affairs

The Honorable Jason Smith
Chair, House Committee on Ways and Means

The Honorable Mike Turner
Chair, House Permanent Select Committee on Intelligence

*The Honorable Kat Cammack

The Honorable Lisa Murkowski
Ranking Member, Senate Committee on Indian Affairs

The Honorable Lindsey Graham
Ranking Member, Senate Committee on the Judiciary

The Honorable Deb Fischer
Ranking Member, Senate Committee on Rules and Administration

The Honorable Jerry Moran
Ranking Member, Senate Committee on Veterans’ Affairs

The Honorable Marco Rubio
Ranking Member, Senate Select Committee on Intelligence

The Honorable Mike Braun
Ranking Member, Senate Special Committee on Aging

*Senator Rand Paul and Representative Kat Cammack are the lead sponsors of the REINS Act (H.R. 277; S.184).


1 The White House, “Fact sheet: President Biden takes executive actions to tackle the climate crisis at home and abroad, create jobs, and restore scientific integrity across federal government” (2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/27/fact-sheet-president-biden-takes- executive-actions-to-tackle-the-climate-crisis-at-home-and-abroad-create-jobs-and-restore-scientific-integrity-across-federal-government/.
2 Sam Adolphsen et al., “Comment on proposed streamlining Medicaid eligibility rule,” Opportunity Solutions Project (2022), https://solutionsproject.org/wp-content/uploads/2022/10/OSP-Comment-On-Proposed-Streamlining-Medicaid-Eligibility-Rule-10-28-2022.pdf.
3 Ibid.
4 Food and Nutrition Service, “Estimated Increase in SNAP Benefits – FY 2022,” U.S. Department of Agriculture (2021), https://www.fns.usda.gov/TFP/state_table.
5 U.S. Securities and Exchange Commission, “The enhancement and standardization of climate-related disclosures for investors,” 87 FR 21334 (2022), https://www.federalregister.gov/documents/2022/04/11/2022-06342/the-enhancement-and-standardization-of-climate-related-disclosures-for-investors. 6 U.S. Department of Education, “Biden-Harris administration announces final student loan pause extension through December 31 and targeted debt cancellation to smooth transition to repayment” (Aug. 24, 2022), https://www.ed.gov/news/press-releases/biden-harris-administration-announces-final- student-loan-pause-extension-through-december-31-and-targeted-debt-cancellation-smooth-transition-repayment.
7 Emily Bremer, “Final agency action on student loan forgiveness: Whether, when, and how will (and should) it come?) Yale Journal on Regulation (2022), https://www.yalejreg.com/nc/final-agency-action-on-student-loan-forgiveness-whether-when-and-how-will-and-should-it-come/.
8 Junlei Chen and Kent Smetters, “The Biden student loan forgiveness plan: Budgetary costs and distributional impact,” University of Pennsylvania Wharton School of Business 2022, https://budgetmodel.wharton.upenn.edu/issues/2022/8/26/biden-student-loan-forgiveness.
9 Wis. Stat. § 227.139.
10 Fla. Stat. § 120.541.
11 Jonathan Ingram, Alli Fick, and Haley Holik, “Congress must rein in President Biden’s regulatory spending spree to tame inflation,” Foundation for Government Accountability (2022), https://thefga.org/paper/congress-must-rein-spending-to-tame-inflation/.