Regulatory Accountability Act Of 2017
Mr. Chairman, I have an amendment at the desk. Mr. Chairman, the bill before us today promises to update the ways that agencies make and enforce their rules and regulations. But in many ways, it is a solution in search of a problem. When…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, the bill before us today promises to update the ways that agencies make and enforce their rules and regulations. But in many ways, it is a solution in search of a problem. When issuing a rule, Federal agencies must already adhere to rigorous analytical process of considering alternatives, justifying the cost of a rule, and considering input from stakeholders.
Within this framework, agencies have been granted the necessary latitude to react quickly to urgent crises in consumer safety. It has preserved the safety of our food and our drinking water and has protected our families from defects in the products that we rely upon every day. However, the passage of this bill would put that safety and that protection at risk.
With H.R. 5, we are getting six reform bills rolled into one. This sweeping regulatory bill would cumulatively add 60 new procedural and analytical requirements to the agency rulemaking process, invite frivolous litigation against agencies, empower special interests, and emphasize cost-saving over public protection.
If enacted, H.R. 5 will needlessly create such an enormous burden on the rulemaking process that it threatens to hamstring agencies and discourage them from pursuing new rules at all. In its present form, this bill endangers our Nation's environmental, public health, workplace safety, and consumer financial security protections.
My amendment would offer critical protection by exempting rules pertaining to the prevention of the transmission of foodborne illness or assistance to food facilities to meet preventive-control requirements for safety.
Protecting consumers from dangerous food contamination is a worthy goal in and of itself. And this amendment would go even further by protecting jobs and businesses. For example, in 2015, Blue Bell Creameries suffered a deadly listeria contamination crisis and had to recall 8 million gallons of ice cream. After the company shut down most of its production, Blue Bell was forced to lay off 1,450 employees from their jobs, or 37 percent of their workforce, and an additional 1,400 employees were furloughed.
Chipotle is also still reeling from various outbreaks of E. coli, salmonella, and norovirus over 2015 and 2016, which caused widespread panic among customers and the company's shareholders. Despite marketing efforts to repair its reputation, Chipotle's sales have steadily declined, and it plans to open fewer stores in 2017. This, in turn, had a domino effect on Chipotle's paper bowl supplier who laid off 5 percent of its employees because of decreased demand from Chipotle.
Afterward, both Blue Bell and Chipotle took aggressive remedial steps, such as conducting deep cleansing of equipment and facilities, changing food preparation procedures, hiring food safety consultants, training employees, and temporarily suspending operations. The FDA responded by proposing proactive rules, such as having manufacturers come up with a plan to identify potential food safety problems and how to respond to them. The FDA also proposed a rule to establish standards for growing, harvesting, packing, and handling produce.
Both these rules could greatly assist businesses in minimizing future food contamination and having to deal with the economic aftermath of an outbreak. However, under H.R. 5 in its current form, similar such FDA rules could be delayed by years or halted entirely. We can't afford to put consumer safety and our economy at risk while Congress entangles any real possibility for immediate and preventative action.
I ask my colleagues to support this commonsense amendment to ensure that we protect the public and health and safety of our constituents.
I reserve the balance of my time.
Mr. Chairman, I thank my friend from Pennsylvania for his comments, but the assertion that this does nothing to frustrate or jeopardize food safety is not true. This creates 60 new procedural and analytical requirements to agency action, and that will invite frivolous litigation, empower special interests, emphasize cost saving over public protection, and make implementation of these rules almost impossible.
It is important to remember, Mr. Chairman, when issuing a rule, Federal agencies already are required to adhere to a rigorous analytical process of considering alternatives, justifying the cost of the rule, and considering input from stakeholders. I gave two examples in my earlier comments that demonstrate that there is a real role for the Federal Government in the implementation of rules to protect food safety. There are real consequences not only to the individuals harmed but to our economy by these sorts of events. This bill will not only frustrate that, in many instances, it will make it impossible. I urge my colleagues to support this commonsense amendment.
I yield back the balance of my time.