Mr. Chair, I rise in strong opposition to H.R. 367, the ``Regulations from the Executive in Need of Need of Scrutiny Act.'' Without question, this bill will have dangerous consequences for all Americans by creating an unworkable approval…
Mr. Chair, I rise in strong opposition to H.R. 367, the ``Regulations from the Executive in Need of Need of Scrutiny Act.''
Without question, this bill will have dangerous consequences for all Americans by creating an unworkable approval process that will make it nearly impossible for many new regulations to go into effect.
It does this by imposing impossibly unrealistic deadlines by which Congress must consider and pass exceedingly complex and technical regulations in order for such regulations to take effect.
Under H.R. 367, Congress would have only 70 legislative days within which to act after it receives a major rule.
Now, let us put this in some perspective. Over the past few years, the average number of major rules promulgated each year is about 85.
In 2010, for instance, 94 major rules were issued. But keep in mind the following fact: there were just 116 legislative days in the House during 2010.
Worse yet, the bill restricts the days on which these major rules may be considered in the House, which--for last year--would have been just 10 days.
Assuming there is just an average number of major rules, the House would have to consider an average of 8 separate major rules on each of those days.
And, if the REINS Act were to become law today, there would be only 5 days left in 2013 on which the House could consider the merits of major rules.
Under H.R. 367, there is just no way Congress could possibly have the time to consider all the major rules issued during the year.
And, if Congress fails to act within this mandatory time frame, the regulation cannot be considered until the next Congress.
Even Chief Justice John Roberts criticized a prior iteration of the REINS Act back in 1983. He said that such legislation would ``hobbl[e] agency rulemaking by requiring affirmative Congressional assent to all major rules'' and would ``seem to impose excessive burdens on the regulatory agencies.''
The bottom line is that the bill would at least significantly delay rulemaking and at worst bring it to a halt.
Avoiding undue delay in rulemaking is important because strong regulation is vital to protecting Americans in nearly every aspect of their lives.
According to the Government Accountability Office, if the REINS Act were in effect now it would delay or possibly derail at least 32 major proposed regulations issued this year and 68 such rules issued last year.
Among other things, these proposed regulations pertain to:
reimbursement rates for end-stage renal disease Medicare providers;
payments to primary care physicians under the Vaccines for Children Program;
various Federal student loan programs;
the Justice Department's National Standards to prevent, detect, and respond to prison rape;
meal requirements for the National School Lunch Program under the Healthy, Hunger-Free Kids Act of 2010;
the Transportation Department's Certified Medical Examiners National Registry;
Labor Department Standards for H-2B Aliens in the United States;
the subsistence allowance for veterans under the Vocational Rehabilitation and Employment Program; and the Patent and Trademark Office's proposal setting and adjusting patent fees.
And, this is just a small sample of the many kinds of protections that the REINS Act would jeopardize. I could go on and on.
This explains why nearly 70 consumer groups, environmental organizations, labor unions, and other entities, strenuously oppose this bill.
Likewise, the Administration issued a strongly worded veto threat against this bill. It warns that H.R. 367 ``would delay and, in many cases, thwart implementation of statutory mandates and execution of duly-enacted laws, create business uncertainty, undermine much-needed protections of the American public, and cause unnecessary confusion.''
Finally, H.R. 367 will give anti-regulatory interests yet another opportunity to derail rulemaking.
Major rules are the product of an intensive, multi-year process, based on extensive input received from the public and affected entities through a notice and comment period.
Agencies often spend many months, if not years, to perfect theses rules based on feedback from these sources and their own expertise.
Under the bill's short-circuited process, however, Congress will not realistically be able to second-guess the merits of these rules.
Instead, we in Congress will be bombarded with visits, phone calls, and talking points from industry lobbyists and well-funded special interests that can use every resource available to persuade us of the validity of their views.
Superficially, it may seem like a good idea to make Congress the final arbiter of all significant regulatory decisions. After all, Members of Congress are elected and regulators are not.
But realistically, we simply lack the expertise and resources to make the requisite prudential decisions about the bona fides of these rules, particularly given the limited time frame we have to act under the bill.
An example of how this legislation would work:
I recently introduced H.R. 2480, the Nurse and Health Care Worker Protection Act of 2013, which would require the Occupational Safety and Health Administration to promulgate a regulation that protects our caretakers from debilitating injuries. Nursing professionals and health care aids have among the highest rates of back, neck, and shoulder injuries of any profession, due to the trauma of lifting, supporting, and repositioning patients. Through a straightforward regulation that promotes safe patient handling practices, including the use of mechanical devices, this regulation could save, millions of dollars each year, and countless years of experience.
Now even if the House and Senate pass H.R. 2480 and the experts with OSHA develop the proper standards to prevent these debilitating injuries, under the REINS Act, any resulting regulations would have to be assessed by Congress and voted on in a short time frame. Let's be honest, who in this body know about ergonomics and the technical aspects of a nurse's day to day job?
Accordingly, I strongly urge my colleagues to join me in opposing this seriously flawed bill.