Taking aim at federal rules

U.S. Rep. Daniel Webster is among those who want to ease the red tape that often accompanies federal money

In recent weeks, Marion County officials have complained about being hog-tied by the strings that accompany some federal money they receive.

U.S. Rep. Daniel Webster wants to help them by cutting the fiscal ties that bind.

During a recent visit to Ocala, the newly elected Republican said he supports legislation that would empower Congress to approve "major" rules made by federal regulatory agencies deemed to have a significant impact on the overall economy.

The Regulations from the Executive in Need of Scrutiny Act — or REINS Act — defines a "major rule" as one that would have an annual effect on the economy of $100 million or more — or one that causes a "major increase" in costs for consumers, individual industries or government agencies.

Federal grants and awards often have extensive requirements for compliance and reporting that lead local officials to rethink whether they should have even accepted the funding in the first place.

In recent weeks, for example, the County Commission has questioned staff spending under a federal housing grant designed to stabilize neighborhoods with large numbers of foreclosures.

The program, created in 2008 under the $800 billion Housing and Economic Recovery Act, allows the county to buy, refurbish and resell selected properties as a way to slow the spread of blight in emptying communities.

The county initially received $6.3 million toward the effort and is considering whether to take an additional $4.6 million.

Last week, the commission agreed to approach the Federal Aviation Administration to find out whether a ban on aerobatic planes and pilots at the Dunnellon-Marion County Airport would force the county to forfeit at least $2.5 million in federal grants that fund improvements at the facility.

Marion County Public Schools, meanwhile, once devoted an entire department to monitoring federally funded programs and the attached requirements to ensure compliance with Washington's demands.

Webster, in a recent interview, said there must be a way to give local governments more latitude in deciding how those funds can be spent and still comply with the goals set by federal regulators.

He noted that President Barack Obama has even said as much.

In mid January, Obama issued an executive order calling for a "government-wide" review of federal regulations that hamper job creation and adversely affect economic growth.

"We can aid our communities by getting rid of federal strings," said Webster, whose district includes much of eastern Marion, including parts of Ocala and Silver Springs Shores.

Describing these requirements as often "duplicative and oppressive," the freshman congressman, who is also a 28-year veteran of the Florida Legislature, indicated that he believes these regulations eventually catch up to local governments as they do local businesses.

"These are the items I want to dispose of," he added. "Part of Congress' duty is to oversee, and they have not done that."

He also thought Congress should start to write more specific laws to curtail the ambiguity that executive-branch agencies exploit in the absence of concrete direction from lawmakers.

"People and states have had it with the federal government telling them what to do. This just balances what's there," Webster said.

The REINS Act was introduced in January by Rep. Geoff Davis, a Kentucky Republican. The two other Republican congressmen who represent parts of Marion County — Cliff Stearns of Ocala and Richard Nugent of Brooskville — support the measure. In fact, Stearns is a cosponsor and Nugent has asked to be one.

The fourth member of Marion's congressional delegation, Democrat Corrine Brown, is still studying the legislation and has not taken a formal stand.

Not everyone thinks the bill is so great. "While the legislation...may be well-intentioned, it simply misses the mark," U.S. Rep. John Conyers (D-Mich.) told a House subcommittee last month.

He went on to summarize the critics' position:

For starters, the bill overreaches. Congress may make laws, he said, but the REINS Act "unduly trammels on executive authority."

Second, the REINS cure does not target the disease of over regulation.

"Some might argue that there is a legitimate need to strike a balance between protecting the safety and health of all Americans (through federal rules and requirements) and fostering economic growth, job creation and competitiveness," Conyers said.

But REINS "will distort the rulemaking process" and "hamper the implementation of evert single law on the books!" he said.

"By changing the presumption in the Congressional Review Act, and requiring affirmative congressional approval (as opposed to disapproval) for all major rules, this act will serve as a chokehold, and stifle regulatory review, which I am afraid is the real intent of this legislation."

Finally, he said, REINS is based on incomplete economic analysis and "solely addresses the costs of regulation, while failing to account for the tremendous cost benefits that regulations yield."