United States Capitol. (Wikimedia Commons)
Though it won’t garner many headlines nor blocks of cable news coverage, a Wednesday morning hearing on Capitol Hill has massive import for potentially millions of Americans waiting for the government to enforce some basic health and safety regulations.
The Homeland Security and Governmental Affairs Committee will consider the nomination of Howard Shelanski to head the White House’s Office of Information and Regulatory Affairs (OIRA), a little-known outfit that consumer and good government groups have been complaining about for years—with good reason.
OIRA’s job is to evaluate cost-benefit analyses of regulations performed by executive branch agencies. Its blessing is needed to publish the regulations in the federal register and begin enforcement—but for reasons that are often unexplained, OIRA is sitting on numerous rules and indefinitely delaying their implementation.
The process for actually getting new regulations into law is already pretty burdensome. Once an agency elects to write a large-scale new rule—in some cases, after Congress has passed legislation requiring them to, which means it has already gone through the legislative meat-grinder—this is what happens with OIRA, via the Center for Effective Government:
This week the Coalition for Sensible Safeguards—an alliance of over 150 consumer, small business, labor, and scientific groups—released a report detailing the myriad ways in which OIRA is serving as a chokepoint in the regulatory process.
More than 120 rules that have already been written by a regulatory agency are stuck at OIRA. By executive order, OIRA is supposed to review the regulation for no more than 90 days—but seventy of 120 orders stalled there have been under review much longer, essentially in defiance of federal law. In many cases, though OIRA is supposed to explain delays, it just doesn’t.
The CSS report fingers industry influence as a major factor in the delays. It outlines the case of a rule on silica dust, which is particularly galling. Silica is a mineral found in sand, rock, brick and concrete, which if inhaled in dust, can be seriously damaging to human lungs. Naturally, construction and building industry workers typically inhale this dust, and as many as 4,400 people are diagnosed with silicosis each year, according to the Centers for Disease Control. It kills 146 people every year, and it is often a very painful death.