Mikey's "TRAIN In Vain" And Other Follies, Part 1

A correspondence from our PA-08 U.S. House rep recently arrived at Le Manse Doomsy, which is Mikey The Beloved’s “2011 Year-End Review and Issues Update.” In this post, I will list the legislation Fitzpatrick supported, along with what I consider to be appropriate responses (the legislation is divided by headings, one of which appears below; I will not be able to cover the entire correspondence today, but I’m sure it will end up providing future posting material also).

Empowering Small Business Owners

HR 2401 – TRAIN Act

As noted here…

The health standards that the TRAIN Act will prevent are long overdue and would save tens of thousands of lives every year once they are implemented (including the Cross-State Air Pollution Rule and Mercury and Air Toxics standards). Blocking these standards for just one additional year would result in:

• up to 25,300 lives lost;
• more than 11,000 heart attacks;
• more than 120,000 asthma attacks;
• over 12,200 more hospital and emergency room visits; and
• many hundreds of thousands more days of missed work or school.

And the bill’s lengthier minimum periods of delay (15 & 19 months) would result in up to 33,450 premature deaths. The real toll likely will be much higher since the legislation allows indefinite delays in these vital public health safeguards.

Continuing with Mikey (what a great start)…

HR 3094 – Workforce Democracy and Fairness Act

As noted here…

The House this evening passed (235-188) legislation (H.R. 3094) that gives employers new tools to combat and delay elections by workers who try to form unions. Dubbed the Election Prevention Act by Rep. George Miller (D-Calif.), the bill is the congressional Republican effort to block some modest rule changes proposed earlier this year by the National Labor Relations Board (NLRB) to reduce unnecessary litigation and modernize the way union elections are conducted.

…

While they have refused to pass jobs legislation this year, congressional Republicans have made nearly 50 separate assaults on the NLRB since January by proposing bills to gut the agency’s oversight and funding, holding hearings and issuing subpoenas, according to American Rights at Work (ARAW).

Your House Repugs on the job, ladies and gentlemen.

Continuing with Mikey again…

HR 527 – Regulatory Flexibility Improvements Act

As Michigan Dem congressman John Conyers noted here…

Rounding out the trio of public safety killing legislation is H.R. 527, the “Regulatory Flexibility Improvements Act of 2011.” Under current law, rulemaking agencies must make an analysis for every new rule that would have significant economic impact on a substantial number of small entities, such as small businesses. Among other things, this bill repeals the authority of an agency to waive or delay this analysis in response to an emergency that makes compliance or timely compliance impracticable.

So if there is an epidemic of E. coli or listeria infection caused by some item in our nation’s food distribution network, or if there is an imminent environmental disaster that could be addressed systemically through regulation, this bill says “Don’t worry. Don’t rush.”

My conservative colleagues argue that this legislation is necessary because too much regulation is responsible for our nation’s current economic difficulties. They must be suffering from some collective form of amnesia. It was not too much regulation of Wall Street that led to the near collapse of the worldwide marketplace. It was not too much regulation that caused the BP oil spill. And, it was not too much regulation that allowed mortgage brokers, servicers, bankers and others to engage in predatory lending and falsify foreclosure documents in court proceedings.

Continuing with Mikey…

HR 10 – REINS Act and HR 3010 – Regulatory Accountability Act (I combined them)

As noted here about REINS…

The first of these is the childishly-named "Regulations from the Executive In Need of Scrutiny (REINS) Act"(H.R. 10). Currently, Congress passes a regulatory law and it is up to the agencies within the Executive branch to write the regulations based on that direction from the Legislative branch. If Congress doesn't like how it is done, there are expedited ways for them to halt the new or changed regulations.

Under the REINS Act, this all changes. Now, any new regulation that is deemed to be a "major regulation" (having an impact of $100,000,000 or more) must be APPROVED by both the House and the Senate. Not only that, it must happen within 70 days of being submitted to Congress.

Think about that for a minute. When was the last thing Congress did anything in 70 days?

The impact of this is dramatic. The current way regulations are written attempts to insulate the regulatory process from the political winds that buffet our country. It's not a complete insulation, of course, but it's an important separation. If this law passes, a small handful of legislators with a political axe to grind can bring the process to a near standstill, all but guaranteeing the 70 day window will close and no action is taken on the new regulation. When that happens, the regulation is scrapped.

If this becomes law, it also would allow a current Congress to thwart the actions of a previous Congress without ever having to repeal any legislation, a subjugation of our democratic process.

And as noted about the RAA from the same Daily Kos post…

The Regulatory Accountability Act (S. 1606/H.R. 3010) will grind to a halt the rulemaking process at the core of implementing the nation’s public health, workplace safety, and environmental standards. This bill will not improve the federal regulatory process; it will cripple it. Rules that somehow make it through the RAA's process would tilt against the public interest and in favor of powerful special interests.

The RAA would cover every rule and guidance – big and small – proposed by any executive regulatory agency and any independent regulatory agency. It seeks to fundamentally rewrite and expand the Administrative Procedure Act (APA), a 65-year-old statute that can be considered as a kind of Constitution for administrative agencies and the regulatory process. There are now more than 110 separate procedural requirements in the rulemaking process; the RAA would add more than 60 new procedural and analytical requirements. For the country's most important rules, the RAA would add no fewer than 21 to 39 months to the rulemaking process.

And as noted from here…

The REINS Act is built on the faulty premise that the regulatory state is out of control. It’s easy to mock government rules, of which there are many, if you focus only on their costs and ignore their benefits. But, in reality, every major federal rule is already subject to extensive cost-benefit analysis by the Office of Management and Budget (OMB), and, under President Obama and President Bush, OMB has consistently concluded that the benefits of federal regulations far outweigh the costs. Last year, it concluded that the annual cost of major rules issued between FY 1999 and 2009 was $43 to $55 billion, while the annual societal benefits of those same regulations ranged from $128 billion to $616 billion—an excellent return on investment by any standard.

And lastly (for now)…

HR 910 – Energy Tax Prevention Act of 2011

As noted here…

The bill prohibits the Environmental Protection Agency from protecting the environment. And other than the title, the word "tax" does not appear at all in the bill. This legislative lunacy has inspired a couple of obviously frustrated Democratic congressmen to offer amendments that seek to improve at least the official title of the bill.

Jared Polis of Colorado submitted an amendment to change the title to "The Dirty Air Act of 2011." Gerry Connolly of Virginia was somewhat more industrious. He submitted eight amendments including "The Koch Brothers Appreciation Act," "The Protecting Americans from Polar Bears Act," and "The Head in the Sand Act."

Some people may think that these sorts of pranks mock the serious responsibilities of the institution. But the truth is that these amendments are no more ridiculous than the title as written in the bill's original language. And nothing is more ridiculous the actual intent of the bill. This is a great way to illustrate that it's the GOP who are a joke.

Including Mikey the Beloved of course; I’ll plan to return to Mikey’s “year in review” later.