Republicans in the U.S. House of Representatives continued their early moves in the young 115th Congress to limit executive branch regulatory power and roll back regulations by setting up the so-called REINS Act for consideration on the floor of the chamber.
The proposed new administrative law statute would require that Congress approve, by joint resolution, all “major” rules – defined as causing an annual financial impact of at least $100 million to the U.S. economy – before they can take effect.
Such an approach to regulation would be a dramatic departure from current law. Under the Administrative Procedure Act of 1946, agencies are delegated broad authority to write regulations.
Congress can step in to nullify them through use of the Congressional Review Act, a statute enacted in 1996 that requires each chamber to pass a resolution for each disapproved rule and the President to sign such resolutions if regulations are to be nullified.
On Wednesday the House Rules Committee approved the rules that will guide consideration of H.R. 26 when both the Committee of the Whole (the term for the entire membership of the House of Representatives on the first reading of a bill) and the House will consider the measure.
One hour of total debate time, to be shared by Republicans and Democrats will be permitted. Twelve amendments will be considered.
Several amendments to be offered by Democrats would limit the scope of the far-reaching legislation.
One by Rep. John Conyers, D-Mich., would exempt regulations that limit lead in drinking water from the bill’s requirements. Another by Rep. Frank Pallone, D-NJ, would remove regulations that are designed to improve the safety of pipelines or prevent, mitigate, or reduce oil or natural gas spills.
Rep. Jerrold Nadler, D-NY, will ask the House to adopt language that exempts rules relating to nuclear reactor safety.
An amendment by the ranking member of the Natural Resources Committee, Raul Grijalva of Arizona, would require agencies to provide an “accounting of the greenhouse gas emission impacts associated with a rule as well as an analysis of the impacts on low-income and rural communities.” Grijalva’s amendment, if adopted, would specify that a rule is “major” under the bill if it “increases carbon dioxide by a certain amount or increases the risk of certain health impacts to low-income or rural communities.”
A similar tack is taken by Rhode Island’s David Cicilline, who will propose removal of all rules that relate to “the protection of public health or safety” from the proposed REINS Act. An amendment to be offered by Rep. Kathy Castor of Florida would eliminate from the reach of the proposed law all regulations that “result in reduced incidence of cancer, premature mortality, asthma attacks, or respiratory disease in children.”
Some Republicans, on the other hand, appear intent on toughening the requirements to regulate even further.
An amendment by Rep. Luke Messer, R-Indiana, would require agencies to offset the costs to the economy of new rules by modifying or eliminating old ones, while Rep. Steve King of Iowa will suggest that the bill include language that gives Congress a vehicle for reviewing all regulations finalized during the past ten years.
A schedule posted on the website of House majority leader Kevin McCarthy, R-Calif., indicates that the proposed REINS Act was to be considered on the floor of the chamber starting Thursday at 10 am EST.