On the recordJanuary 5, 2017
The amendment carves out of the REINS Act's congressional approval procedures regulations that attempt to improve employment, retention, and earnings, particularly for those with significant barriers to employment. The danger in the amendment is the strong incentive it gives agencies to manipulate their analysis of a major regulation's jobs and wages impacts. Far too often, agencies will be tempted to shade the analysis to skirt the bill's congressional approval requirement. In addition, regulations alleged to create new job prospects often do so by destroying real, existing jobs and creating new, hoped-for jobs associated with regulatory compliance. For example, the Environmental Protection Agency (EPA) Clean Air Act rules have shut down existing power plants all over the country, throwing myriads of workers out of work. EPA and OMB attempt to justify that with claims that more new green jobs have been created as a result. In the end, this is just another way in which government picks the jobs winners and the jobs losers, and there is no guarantee that all of the new green jobs will ever actually exist. The REINS Act is not intended to force any particular outcome. It does not choose between clean air and dirty air. It does not choose between new jobs and old jobs. Instead, the REINS Act chooses between two ways of making laws. It chooses the way the Framers intended in which accountability for laws with major economic impact rests with Congress.…





