REINS Would Delay Even Life-Saving Rules with Broad Support
by Matthew Madia, 1/31/2011
This week, I'll be providing examples of past regulations that would have fallen under H.R. 10, the Regulations from the Executive in Need of Scrutiny Act (REINS), a bill expected to move quickly through the House this year. The REINS Act would require Congressional approval for all major rules – a terrible move that could delay or kill new environmental, health, and safety protections. The examples will show how the REINS Act, if passed, would work (or fail to work, as the case may be).
The first example is a relatively noncontroversial rule: the Occupational Safety and Health Administration's safety standard for crane and derrick workers, finalized in August 2010. The rule was supported by both worker advocates and industry representatives. (Small businesses were consulted extensively during the rule's development.) OSHA estimates the rule will save 22 lives and prevent 175 injuries every year. It's a good regulation, no matter how you slice it.
But had REINS been law, the rule might still not be in effect, even though significant Congressional opposition is unlikely. Here's why (assuming typical Congressional procrastination which, I think you'll agree, is a conservative assumption):
| Date | Action | Reason (Under REINS) |
| 8/19/10 | OSHA submits rule to Congress | Agencies are already required to notify Congress, so this step actually happened |
| 9/15/10 | Resolution of approval introduced in Senate | Senate leaders have 3 legislative days to introduce |
| 9/16/10 | Resolution of approval introduced in House | Ditto for House leaders |
| 10/19/10 | Resolution discharged from Senate committee | The resolution is automatically discharged after 15 leg. days if the committee hasn't acted |
| 12/1/10 | Senate vote on resolution | The Senate must vote within 15 leg. days of committee approval or discharge |
| 12/2/10 | Resolution discharged from House committee | Resolutions also automatically discharged after 15 leg. days |
| 12/22/10 | House adjourns, the deadline for a vote has not yet fallen | 15 leg. days have not passed since discharge |
Dates based on Congressional calendars
So instead of going into effect Nov. 8, 2010, the 111th Congress could have expired without any action being taken even though OSHA published the rule in August.
Instead, under REINS, a new resolution would be introduced in both chambers between the 15th and 18th legislative days of both the House and Senate. Then, the process would start over, meaning that neither chamber would be forced to hold a vote until April or later.
The OSHA example shows how sloppy and ill-conceived the REINS Act is. A life-saving rule, with support from both regulated entities and the beneficiaries of regulation, could be significantly delayed if Congress doesn't make it a top priority.
