Mr. Chairman, I yield myself such time as I may consume. I listened intently to my colleague's opening remarks, and he seemed to try to justify the passage of the REINS Act, which I rise in…
Mr. Chairman, I yield myself such time as I may consume.
I listened intently to my colleague's opening remarks, and he seemed to try to justify the passage of the REINS Act, which I rise in opposition to, by the way, by saying that it has been the Obama administration's job-killing regulations that have put our economy in its position, which is one that is not good.
Despite trying to convince the American people of that allegation, the American people are aware of the facts. They are aware of the fact that, 8 years ago, when President Obama came into office and under a Republican stewardship that used trickle-down economics as its model, this economy neared that of the Great Depression's. In fact, we call it the period of the Great Recession. This country almost went into a depression, and it went into a Great Recession because of George Bush's and the Republicans' policies of trickle-down economics, which Daddy Bush--George Herbert Walker Bush--once referred to as ``voodoo economics,'' and he was right about that.
Let's look at where we were then and look at where we are now and ask ourselves: Are we not better off now than we were then?
There are not many voices that could say, No, we are not better off now than we were then, because they know, since then, there have been 81 straight months of positive private sector job growth.
They know that over 15.6 million new jobs have been added to our economy by President Obama. They also know that 30 million more people have health insurance and access to the healthcare system now than they did back then. They know that regulations had to ensue from the passage of the Affordable Care Act in order to enable those 30 million people to have coverage now. That is why they want to introduce this legislation to cut regulations. They want to try to hurt the Affordable Care Act. They also know that regulations had to spring forth from the Dodd-Frank, Wall Street regulation, legislation that was passed in this body. They know that those regulations have protected the finances and the financial security of Americans who are doing far better now than they were 8 years ago when President Obama took office.
The American people know that they are much better off now. They know that bankruptcies have gone down. They know that foreclosures have gone down. They know that they have better jobs. They know that things are better now than they were back then.
You will remember and the American people will remember that on the very day of President Obama's first inauguration, Mitch McConnell and a cabal of Republicans met from both the House and Senate, crying in their beers at a Capitol Hill bar. They embarked on a strategy to-- what?--make sure that President Obama would be a first-term President. So they resolved to oppose everything that he proposed, and they certainly did. Despite unprecedented opposition from the Republicans' just saying ``no'' to everything, the American people know that they are in a better position today than they were at this time 8 years ago when coming into the Obama administration.
The Republicans want to introduce legislation to do away with the rules and the regulations concerning the Affordable Care Act and the Dodd-Frank legislation, which has protected the financial security of Americans over the last 8 years. That is why they come forward with this so-called jobs bill. This regulatory reform bill called the REINS Act is not going to produce or create one single job. What it will do is cut measures to protect the health, safety, and well-being of Americans.
This misguided legislation would amend the Congressional Review Act to require that both Houses of Congress pass and the President sign a joint resolution of approval within 70 legislative days before any major rule issued by an agency can take effect. In other words, this bill would subject new major rules to nullification by Congress through an unconstitutional legislative veto by one Chamber of Congress.
Following Republican attempts earlier this week to gut ethics and oversight rules that are necessary to police corruption, it is telling that the REINS Act is the next bill that the House would consider in the 115th Congress. Americans should understand what the game plan is of the Republicans. They want the fox to guard the henhouse. That is why the very first act that they tried to get passed was reform of the House ethics regime. They wanted to neuter it, place it under the control of the Republican-controlled House Ethics Committee, where it would then languish and die like a prune on a vine that was unwatered.
That is the first thing they came up with, and the American people called them on it and wouldn't let them pass it. So they have postponed it. America needs to keep their eyes on this Congress to make sure that they don't follow through with that measure that would install the foxes over the henhouse. What they want to do is install the corporate foxes over America's henhouse with this REINS Act.
The REINS Act is central to the Speaker's so-called Better Way agenda, which is really only a better way for rich, corporate elites to further insulate themselves from public accountability and is emblematic of the same tired and crony-capitalist proposals that have been kicked around by opponents of environmental and public health protections since the 1980s. In fact, in 1983, Chief Justice John Roberts, who was then a counsel to President Reagan, criticized a similar proposal as unwise because it would hobble agency rulemaking by requiring affirmative congressional assent to all major rules and would seem to impose excessive burdens on the regulatory agencies.
In addition to being an unmitigated disaster for public health and safety, proposals like the REINS Act will actually do major harm to regulatory reform attempts, as the late Justice Antonin Scalia wrote in 1981. Then a professor at the University of Chicago Law School, Justice Scalia cautioned: ``Those in the Congress seem perversely unaware that the accursed `unelected officials' downtown are now their unelected officials, presumably seeking to move things in their desired direction; and that every curtailment of desirable agency discretion obstructs (principally) departure from Democrat-produced, pro- regulatory status quo.''
Now, it is not often that I quote Justice Scalia, but, ironically, I do so today.
The REINS Act also imposes deadlines for the enactment of a joint resolution approving a major rule that could charitably be referred to as Byzantine. So as not to use too lofty language, I will just declare that this thing is like throwing a monkey wrench in a well-oiled machine.
Under new section 802, the House may only consider a major rule on the second or fourth Thursday of each month. In 2014, for example, there were only 13 such days on the legislative calendar. I think on the legislative calendar for 2017, there are only about 13, maybe 14 or 15, such days where we could consider these major rules on this legislative calendar. I would point out that there are approximately 80 such rules of importance that come through in a typical year.
Furthermore, under new section 801, Congress may only consider such resolutions within 70 legislative days of receiving a major rule. This creates a lot of red tape that threatens to end rulemaking as we know it, and that is the exact, precise intent of this Congress. Even if agencies reduce the number of major rules in contemplation of a bill's onerous requirements, Congress would still lack the expertise and policy justifications for refusing to adopt a major rule.
As over 80 of the Nation's leading professors on environmental and administrative law noted in a letter in opposition to a substantively identical version of this bill, without this expertise, any ``disapproval is therefore more likely to reflect the political power of special interests, a potential that would be magnified in light of the fast-track process.''
Lastly, by flipping the process of agency rulemaking so that Congress can simply void implementation by not acting on a major rule, the REINS Act likely violates the presentment and bicameralism requirements of Article I of the Constitution.
It is my pleasure to oppose this bill. I urge my colleagues on both sides of the aisle to do the same.
I reserve the balance of my time.
Mr. Chairman, I yield 5 minutes to the eloquence of the gentleman from the great State of Tennessee (Mr. Cohen), my friend out of the great city of Memphis.
Mr. Chairman, I yield the gentleman an additional 1 minute.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, my friend from Texas cites Article I giving the legislative branch authority to make the laws, and no one can argue with that. However, I would point out that Article II, section 3 imposes upon the President, the executive, the obligation to take care that the laws are faithfully executed, and so rulemaking comes up under that authority, that constitutional authority. So what we have is a move by the legislative branch to intrude upon and to indeed regulate. And certainly we have that power to do so. But is it wise? Is it prudent? Or does it simply positively impact our campaign contributors, the people who put money into our campaigns? Is that the sole reason why we are doing this?
We need to give care and thought into what we are doing here in Congress in this House of Representatives even though one party has all of the power now. They have the majority in the House, they have the majority in the Senate, and they have an incoming President. It doesn't mean they should go off the rails with a philosophy that is not in keeping with where the American people are.
I would point out to them that there is no mandate that they have, even though they do have control of the legislative branch and the executive branch of government and they have held up, what some say actually stolen an appointment for the U.S. Supreme Court that President Obama was placed in a position to make last February upon the untimely demise of Justice Scalia. So since February, the U.S. Supreme Court has had to suffer through politics being played by the legislative branch in not confirming a presidential appointee, and now they have the opportunity to make that appointment under these conditions.
Even though they have played loose and fancy with the protections of the Constitution and with the well-being of the American people and indeed our Republic by playing these political games, I would ask my friends on the other side of the aisle to stop and think about what they are doing and the ramifications of it. Even though you want to get at the EPA to make it easier for oil companies to pollute our environment without regulations to prevent it from happening, is that good for our Nation? Is it good for our children? Is it good for our elderly? How does it leave us with regard to asthma rates which have continued to skyrocket in this country? Do you want to gut the Dodd- Frank Wall Street reform to put us back in the situation where people are losing their homes and banks are being bailed out because they have become too fat to fail? Do we want to put ourselves back in that position again? Well, if we do then we will pass regulations like this one, the so-called REINS Act.
I reserve the balance of my time.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I am sorry to see my friend, Mr. Trott, leaving the Judiciary Committee. We have appreciated his being there and we hate to see him go, but the gentleman is going on to bigger and better things.
I would say to the gentleman that it is surprising to me that the Bloomberg Government reports show that of all of the job cut announcements made by industry during the year of 2016--and that was a year, by the way, which was not unlike previous years. Basically, the Obama administration has created about 1.9 million new private sector jobs per year.
I am just startled by this statistic here for the year 2016 as far as the number of job cut announcements by reason. The reason given for government regulation being responsible for the job cut is 1,580. That is out of 1.9 million new jobs created during the entire 2016 year, 1,580 jobs lost due to government regulation. That's almost as many as were lost due to the listeria outbreak, legal trouble, or grain downturn. Government regulation, 1,580 jobs lost out of 1.9 million created.
So this argument that we keep hearing from my friends on the other side of the aisle that there is a strangulation or a stranglehold on job creation by Obama's regulations, nothing could be more false than that.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I have just tallied up the number of jobs that would be created by passage of this legislation. I did that by multiplying by eight the figure of 1,580, which is the number of jobs lost due to government regulation in 2016. If I multiply that eight times, I come up with 12,640 jobs. That is how many jobs would be created by this legislation--a paucity.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, there are approximately 2.8 million civil servants out there. Americans who work for the Federal Government go to work every day. They work hard and play by the rules. They have a good, middle class job. Your jobs are at stake, Federal employees.
There are those who say that we have too many Federal employees. Well, the number of Federal employees that we have now is at the same level as they were in 2004, which was when President Bush was in office. Basically we are at a 47-year low, as far as the number of Federal employees, since 2013.
The Federal regulatory regime, which is just simply Federal workers-- Federal civil servants--is not out of control, but your jobs are going to be lost when these Republicans finish doing what they want to do to these regulations.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, how much time do we have remaining on each side?
Mr. Chairman, I yield 1 minute to the gentleman from Colorado (Mr. Perlmutter), my friend.
Mr. Chairman, I yield myself such time as I may consume.
As far as unelected bureaucrats that we have heard people rail against, speaker after speaker today being concerned, those are nothing more than the civil servants that make our government work. They protect our water, protect our air. They protect us, as a matter of fact--the FBI, the law enforcement. These are good people who go to work every day, work hard, like my dad did, for instance. He was a civil servant. I guess you could call him an unelected bureaucrat. He did everything during his job that he needed to do, and he retired with dignity.
There are so many others who work for the post office. They work for TSA, Homeland Security. They are doing nothing but working a job honestly, and they deserve more than to be referred to derisively. We need them.
Mr. Chair, I am in opposition to this legislation. We need real solutions for real problems. In stark contrast, however, the REINS Act attempts to address a nonexistent problem with a very dangerous solution.
We need legislation that creates middle class financial security and opportunity, not legislation that snatches that away.
We need sensible regulations that protect American families from economic ruin and that bring predatory financial practices to an end.
We need workplace safety regulations that ensure hardworking Americans who go to work each day are protected from hazardous environments on the job.
We need strong regulations that protect the safety of the food that we eat and the air that we breathe and the water that we drink.
Unfortunately, H.R. 26 does nothing to advance those critical goals. This explains why more than 150 organizations strongly oppose this legislation, including Americans for Financial Reform; the American Lung Association; Consumers Union; The Humane Society of the United States; the League of Conservation Voters; Public Citizen; the American Federation of State, County and Municipal Employees; Earthjustice; the Coalition for Sensible Safeguards; the American Public Health Association; the Environmental Defense Action Fund; the Center for American Progress; and the Trust for America's Health. I, therefore, urge my colleagues to oppose H.R. 26.
Mr. Chairman, I yield back the balance of my time.
Mr. Chair, I rise in opposition to the amendment.
Mr. Chair, the Goodlatte amendment clarifies that a major rule is any rule with an annual cost on the economy of $100 million or more adjusted for inflation. This amendment revises the bill's definition for a major rule to include any rule with an annual cost of $100 million or more as determined by the Office of Information and Regulatory Affairs, also known as OIRA.
I oppose this amendment because it focuses only on the cost of regulatory protections while completely overlooking the monetary benefits of these critical rules. It also strips OIRA's ability to consider the benefits of a rule in connection with a rule's cost. I don't understand the logic of that.
In 2015, The Washington Post's Fact Checker blog criticized cost-only regulatory estimates as misleading, unbalanced, and having serious methodological problems. Robert Weissman, president of Public Citizen, likewise observed in 2015 that ignoring the benefits of regulation is akin to grocery shoppers deciding to buy no groceries simply because groceries cost money. That doesn't make any sense to me.
Even Thomas Donohue, president of the U.S. Chamber of Commerce, has stated that ``many of these rules we need, they're important for the economy, and we support them,'' conceding that the benefits of regulatory protections must be considered hand in hand with their costs.
Indeed, under both Democratic and Republican administrations, the Office of Management and Budget regularly has reported to Congress that the benefits of regulations far exceed their costs. During the three hearings on the REINS Act in previous Congresses, we heard from three distinguished witnesses that the benefits of regulation routinely outweigh their costs, according to cost-benefit analysis done by the Office of Management and Budget under administrations of both parties.
For example, in the 112th Congress, Sally Katzen, a former administrator of the OMB's Office of Information and Regulatory Affairs, testified that ``the numbers are striking: according to OMB, the benefits from the regulations issued during the ten-year period''-- from fiscal year 1999 through 2009--``ranged from $128 billion to $616 billion.''
I will repeat. Benefits from regulations ranged from $128 billion to $616 billion.
``Therefore, even if one uses OMB's highest estimate of costs and its lowest estimate of benefits, the regulations issued over the past ten years have produced net benefits of $73 billion to our society.''
Those are the words of Sally Katzen. That 10-year timeframe encompasses the Clinton, Bush, and Obama administrations.
We also heard in the 112th Congress from David Goldston, a former Republican House committee chief of staff, who testified that ``administrations under both parties have reviewed the aggregate impact of regulations and found their benefits to have exceeded their costs (and not all benefits are quantifiable).''
Their testimony is bolstered by the Office of Management and Budget's 2016 Draft Report to Congress, which notes that estimated annual benefits of major Federal regulations reviewed by OMB over the past decade estimated annual benefits of regulatory protections are between $269 billion and $872 billion, while regulatory costs are between $74 billion and $110 billion.
Mr. Chair, I oppose this amendment, once again, because it focuses only on the cost of regulatory protections while completely overlooking the monetary benefits of these critical rules, and for that reason I oppose my colleague's amendment.
I yield back the balance of my time.
Mr. Chair, I rise in opposition to this amendment.
Mr. Chair, I oppose the gentleman's amendment, which would require that agencies offset the cost of new rules, no matter how critical or mundane these protections may be, prior to promulgating new rules. This proposal, also referred to as ``regulatory cut-go,'' appears as title 2 of H.R. 1155, the Searching for and Cutting Regulations that are Unnecessarily Burdensome Act, or the SCRUB Act, that was introduced in the previous Congress.
In the context of a veto threat of that bill, the Obama administration cautioned that this requirement would make the process of retrospective regulatory review less productive and, in the process, create needless regulatory and legal uncertainty, and that it would increase costs for businesses and for States, local and tribal governments, and it would also impede commonsense protections for the American public.
By enacting Federal statutes, tasking agencies with responsibilities, Congress authorizes agencies to carry out matters that are too complex, routine, or technical for Congress itself to administrate. We must ensure that agencies have the proper flexibility to issue new protections without encumbering other regulations with political obstructions. I urge my colleagues to oppose the amendment.
Mr. Chair, I yield back the balance of my time.
Mr. Chair, I demand a recorded vote.
I thank the gentleman.
Mr. Chairman, I rise in support of the gentleman's amendment.
Protecting the health and safety of our citizens is one of the core responsibilities of our government and Congress, and we trust much of its authority to Federal agencies to implement this obligation. This amendment simply preserves current law with respect to regulations that are designed to prevent the contamination of drinking water by lead.
As the Obama administration has observed, in the context of a veto threat to a substantively identical version of this bill in the last Congress, the REINS Act would delay and, in most cases, thwart the implementation of statutory mandates and the execution of duly enacted laws, create business uncertainty, undermine much-needed protections of the American public, and cause unnecessary confusion. Unfortunately, as I noted in my opening statement, the REINS Act would delay and, worse yet, possibly stop major rules from going into effect that are needed to protect the public's health, safety, and well-being, including those that require us to keep lead from drinking water.
Safety regulations are typically the product of a transparent and accountable process that includes extensive investigation, analysis, and input from
the public and private sectors. It is no answer to say that H.R. 26 contains a limited emergency exception. That provision is insufficient. It merely allows a major rule to temporarily take effect for 90 days without its having congressional approval.
I ask my colleagues to support this amendment.
Mr. Chairman, I rise as the designee of the gentlewoman from Texas (Ms. Jackson Lee) to present her amendment in her absence.
Mr. Chairman, the Jackson Lee amendment exempts from this bill's onerous requirements the congressional approval requirement of any proposed rule that is made to ensure the safety of products that are used or consumed by children under the age of 2.
This amendment should pass for obvious reasons. If protecting public health and safety means anything, it surely must include the protection of our children. Because of the special vulnerability of young children, any regulation affecting their health and safety must not be delayed. Unfortunately, if this bill passes as written without this amendment, that is exactly what will happen. The young children will be vulnerable to products that are unsafe and that could hurt them. For this reason, Sheila Jackson Lee has offered this amendment, which I support.
An example is a regulation that is meant to protect a child from death or injury from contaminated formula. Such a rule would be impeded--or the promulgation of such a rule and the enactment of that rule would be impeded--by this administration.
This amendment would declare that, in that case, the rule would not apply. It would be exempted from this legislation. Toxic chemicals, dangerous toys, or deadly falls from unsafe products could be avoided. Therefore, this amendment would protect children under those circumstances. Those kinds of rules need to be implemented promptly to save lives.
For that reason, the Jackson Lee amendment deserves your support. I hope that you can support it out of your heart.
I reserve the balance of my time.
Mr. Chairman, the faceless, nameless, deadly bureaucrats out here who mean the public harm, those are our relatives. Those are our mothers, our fathers, who work for the Federal Government. They are the civil servants that serve us. They are not nameless and faceless people of bad will and bad intent. They are good people who go to work every day and try to protect us and protect our children.
All we are asking for with this amendment is for there to be a carve- out to protect the most vulnerable among us, our children.
This legislation is based on the faulty premise that the cost of regulations outweigh the benefits. What is the cost of a benefit when it comes to the health, safety, and well-being of a child?
The people who promulgate these rules mean to protect these children, and this amendment goes to that ability of the regulators to do that. Sometimes regulation is good.
Even though a couple of jobs might go away because of the regulation, isn't it worth the health, safety, and well-being of our children that a couple of jobs could not reach fruition? Everything is not a cost- benefit analysis. Sometimes there is some humanity in the mix that we have to consider.
I urge my colleagues to think about it one more time and be in favor of the very reasonable Jackson Lee amendment.
I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
Mr. Chair, I offer an amendment to H.R. 26.
Mr. Chair, I rise in support of my amendment to H.R. 26, which would exempt from the bill rules that improve the employment retention and wages of workforce participants, especially those with significant barriers to employment. Since one of the justifications, or the main justification, for this underlying legislation is to promote job growth from corporate titans at the expense, by the way, of health and safety of Americans, at least, we could exempt from the bill rules that improve the employment, retention, and wages of workforce participants, especially those with significant barriers to employment.
When President Obama took office in 2009, he inherited the worst economic crisis since the Great Depression. This economic quagmire was created by misguided Republican policies that put profits ahead of people, resulting in reckless decisions on Wall Street that cost millions of Americans their homes and jobs. In other words, the Great Recession was caused by the collapse of the financial markets due to an unreliability and instability of the predatory lending market, which had taken hold. There was so much paper out there on Wall Street that was worthless because it was based on these homes that people couldn't pay the notes for, and all of that was caused by deregulation, lack of regulation.
Now we have a period with Dodd-Frank coming into play and the financial markets improving, the protection and economic security of American families increasing, being strengthened.
Now, at the beginning of this Congress, we get legislation to gut the Dodd-Frank regulation and other regulations that would protect people from excesses of the corporate community. I am just asking, in this amendment, that we don't let it apply in the case of situations where the bill improves employment retention or wages or workforce participants, especially those with barriers to employment.
So, according to leading economic indicators, private-sector businesses have created more than 15.6 million new jobs. The unemployment rate has dropped to well below 5 percent to the lowest point in nearly a decade, and incomes are rising faster, while the poverty rate has dropped to the lowest point since 1968. This has all occurred during an administration that is proenvironment, proclean energy, and proworkplace safety.
In fact, during this time, our Nation has doubled our production of clean energy and reduced our carbon emissions faster than any other advanced nation. And the price of gas is down to roughly $2 a barrel, despite all of these cumbersome and oppressive regulations by the Obama administration that the other side complains about.
Notwithstanding this progress that has been made, there is still much work to be done for the millions of Americans who remain out of work, underemployed, or have not seen significant wage growth postrecession.
Congress should be working tirelessly across party lines to find solutions to persistent unemployment and stagnant wages, such as a public investment agenda that will increase productivity and domestic output while turning the page on our historic underinvestment in our Nation's roads, bridges, and educational institutions.
Unfortunately, Mr. Chair, this bill, the REINS Act, is not a jobs bill. It is a legislative hacksaw to the critical public health and safety protections that ensure our Nation's air is clean, our water is pure, and our workplace vehicles, homes, and consumer products are safe.
I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the King amendment.
Mr. Chair, I oppose this amendment, which establishes an idiosyncratic process establishing an automatic sunset of public health and safety protections. It requires that agencies conduct an annual review of current rules to designate 10 percent of its existing rules to be eliminated within 10 years of the bill's enactment unless Congress enacts a joint resolution of approval for eligible bills.
Now, I understand to the listening public that sounds kind of complicated, but the bottom line is they want to do away--my friends on the other side of the aisle--with net neutrality, which is something that a Federal agency requires. So if you want the Internet, which we all built and paid for through the Federal Government through our taxes and then we turned it over to the private sector, but we still have a public interest in the net being neutral so that all traffic flows equally over the Web without some being slower than others according to how much you can afford to pay. That is not fair.
So this King amendment is a part of a regulatory scheme proposed by this legislation, the REINS Act, which is going to hurt Americans. It is going to hurt the health, safety, and well-being of the people when you are not able to have clean water, clean food, edible food, safe products, clean air, and clean water. These are the things that the REINS Act gets at. It doesn't want Americans to be healthy. It doesn't want the Internet to be neutral. Why? Because corporate America and Wall Street put people in office to do their bidding. That is what the REINS Act is all about. This King amendment will make it worse.
Under current law, Federal agencies already conduct an extensive retrospective review process of existing rules and have already saved taxpayers billions of dollars in cost savings. Since 2011, the Obama administration has made a durable commitment to ensuring retrospective review of existing regulatory protections. Under Executive Orders 13563 and 13610, the administration has required that of agencies.
According to Howard Shelanski, the administrator of the Office of Information and Regulatory Affairs under the Obama administration, the Obama administration's retrospective review initiative has achieved an estimated $37 billion in cost savings, reduced paperwork, and other benefits for Americans over the past 5 years.
Furthermore, as the Obama administration has stated in the context of a veto threat of a similarly draconian antiregulatory proposal in a previous Congress, ``It is important that retrospective review efforts not unnecessarily constrain an agency's ability to provide a timely response to critical public health or safety issues, or constrain its ability to implement new statutory provisions.'' That is what the King amendment would do.
In fact, because agencies are already committed to a thorough review process to identify and eliminate regulatory burdens, it may be impossible for agencies to make additional cuts without severely affecting public health and safety.
Lastly, while the majority has repeatedly noted that H.R. 26 is forward-looking legislation, this amendment would make the bill apply retroactively to protections and safeguards that exist at the bill's date of enactment, a bald attempt to gut protections adopted by the Obama administration, including net neutrality.
Mr. Chairman, I oppose the amendment, and I urge my colleagues to do the same.
I reserve the balance of my time.
Statement of Administration Policy
h.r. 427--regulations from the Executive in Need of Scrutiny Act of
2015--rep. young, r-in, and 171 cosponsors
The Administration is committed to ensuring that
regulations are smart and effective, and tailored to further
statutory goals in the most cost-effective and efficient
manner. Accordingly, the Administration strongly opposes
House passage of H.R. 427, the Regulations from the Executive
in Need of Scrutiny Act of 2015, which would impose an
unprecedented requirement that a joint resolution of approval
be enacted by the Congress before any major rule of an
Executive Branch agency could have force or effect. This
radical departure from the longstanding separation of powers
between the Executive and Legislative branches would delay
and, in many cases, thwart implementation of statutory
mandates and execution of duly-enacted laws, create business
uncertainty, undermine much-needed protections of the
American public, and cause unnecessary confusion.
There is no justification for such an unprecedented
requirement. When a Federal agency promulgates a major rule,
it must already adhere to the particular requirements of the
statute that it is implementing and to the constraints
imposed by other Federal statutes and the Constitution.
Indeed, in many cases, the Congress has mandated that the
agency issue the particular rule. The agency must also comply
with the rulemaking requirements of the Administrative
Procedure Act (5 U.S.C. 551 et seq.). When an agency issues a
major rule, it must perform analyses of benefits and costs,
analyses that are typically required by one or more statutes
(such as the Regulatory Flexibility Act, the Unfunded
Mandates Reform Act, and the Paperwork Reduction Act) as well
as by Executive Orders 12866 and 13563.
In addition, this Administration has already taken numerous
steps to reduce regulatory costs and to ensure that all major
regulations are designed to maximize net benefits to society.
Executive Order 13563 requires careful cost-benefit analysis,
public participation, harmonization of rulemaking across
agencies, flexible regulatory approaches, and a regulatory
retrospective review. In addition, Executive Order 13610
further institutionalizes retrospective review by requiring
agencies to report regularly on the ways in which they are
identifying and reducing the burden of existing regulations.
Finally, agency rules are subject to the jurisdiction of
Federal courts.
Moreover, for the past 19 years, the Congress itself has
had the opportunity, under the Congressional Review Act of
1996, to review on an individual basis the rules--both major
and non-major--that Federal agencies have issued.
By replacing this well-established framework with a blanket
requirement of Congressional approval, H.R. 427 would throw
all major regulations into a months-long limbo, fostering
uncertainty and impeding business investment that is vital to
economic growth. Maintaining an appropriate allocation of
responsibility between the two branches is essential to
ensuring that the Nation's regulatory system effectively
protects public health, welfare, safety, and our environment,
while also promoting economic growth, innovation,
competitiveness, and job creation.
If the President were presented with H.R. 427, his senior
advisors would recommend that he veto the bill.
Mr. Chairman, we can't blame a $20 trillion deficit or debt on nameless, faceless bureaucrats. We can blame a lot of that debt on the George Bush administration and the legislators who voted for tax cuts for the wealthy that were not paid for and funded two wars that were not paid for. That is what we can blame that $20 trillion debt on.
Again, if you are in favor of net neutrality, you should oppose this amendment.
Mr. Chairman, I yield back the balance of my time.