Mr. Chairman, I thank the distinguished gentleman from Maryland. I rise today in opposition to H.R. 50, the Unfunded Mandates Information and Transparency Act. This act boasts an Orwellian title that attempts, I think, deception of the…
Mr. Chairman, I thank the distinguished gentleman from Maryland.
I rise today in opposition to H.R. 50, the Unfunded Mandates Information and Transparency Act.
This act boasts an Orwellian title that attempts, I think, deception of the public into believing that it is simply an innocuous attempt to enhance transparency for the public and State and local governments while masking the true nature of this act which--make no mistake--is a subversive legislative assault of public health, safety, and environmental protections.
This bill is simply an effort to throw a wrench into the rulemaking process, ensuring that private industry is provided privileges and rights above any other stakeholder in the process.
In many respects, H.R. 50 represents the ``Mitt Romney principle'' on steroids, for it appears that in the minds of some of my colleagues, not only is it a fact that ``corporations are people, my friend,'' but under this measure, they appear to be embracing an ethos that treats corporations even better than people.
My longstanding principle is that I will never defend the indefensible, and regrettably, this bill provides private corporations with an unfair consultation over every other stakeholder in the regulatory process, and that is indefensible.
Under this bill, Federal agencies would be required to consult with private industry ``before issuance of a notice of proposed rulemaking,'' yet it does not afford that same level of protection or consultation to average citizens, consumers, or anybody else who relies on agency rules to preserve and protect their health, welfare, and safety.
There is no justification for enacting an irrational statutory framework that requires the Federal Government to consult with private firms and nobody else--such as a large agribusiness, for example--prior to proposing a rule that could have an impact on that company, yet does not require such consultation on public health with public health experts.
I cannot defend a regulatory framework that would provide big oil companies a guaranteed right to weigh in before any drilling regulation is promulgated to protect the public from big oil
spills, such as one we experienced just a few years ago.
To be clear, I strongly support the right of industry to have its voice and to have the opportunity to provide comments on proposed rules. This fosters more informed and high-quality rulemaking, benefiting business and society; indeed, that is why our current administrative procedures mandate that a public comment period be provided prior to the adoption of such rules.
Equally concerning, H.R. 50 would also undermine the critical independence of aptly titled independent regulatory agencies. It is not clear how eliminating the independence of agencies, such as the Consumer Product Safety Commission, by empowering Presidential administrations to play a significant role in shaping the rules for those agencies before they issue them, would in any way address unfunded mandates.
The bottom line is that well-reasoned agency rules have made our air cleaner to breathe, water safer to drink, and our products safer to use. That is a good formula, and we should preserve it.
I thank my friend.
Mr. Chairman, I think we do have something to be concerned about with this provision of the bill, and I rise enthusiastically to support Mr. Cummings' amendment. He has raised serious issues about the constitutional nature of this provision which could take down the whole bill.
I was working in the United States Senate at the time of the Chadha rendering by the Supreme Court, and it is crystal clear. It is crystal clear to me that this retrospective provision, empowering Congress, tantamount to a
legislative veto, though we don't call it that, is an encroachment on executive authority, and will be so found by courts.
Therefore, I think it is prudent for this body to adopt the Cummings amendment and clear that constitutional cloud that hangs over H.R. 50.
Mr. Chairman, I have an amendment at the desk.
I yield myself such time as I may consume.
Mr. Chairman, I rise today to urge my colleagues to support this simple, clear amendment to H.R. 50. This amendment seeks to establish a performance-based sunset mechanism stipulating that, in the event that the average annual rate of real GDP growth remains below 5 percent over the first 4 quarters occurring after the date of enactment, then the statutory changes made by H.R. 50 are repealed because the bill will have been proved to have been ineffective.
This amendment sets up a real world measurement and a sunset mechanism that supporters and opponents, it seems to me, can support, since it features the flexibility to ensure an optimal response to whichever prediction of the impact of H.R. 50, positive or negative, takes place over the year following enactment.
If the Unfunded Mandates Act, by lessening the independence of independent regulatory agencies and strengthening the influence of the private sector in the Federal rulemaking process, does, in fact, spur the economic growth we have heard so much about to at least match the average annual real GDP growth rates achieved during two administrations, the Johnson and Kennedy administrations, and in the last 2 quarters of this administration so far, what is the threat?
What are we afraid of?
However, if it fails to spur the promised economic growth to at least achieve an average annual growth rate of 5 percent over the year following the enactment of the law, then the statutory changes made by H.R. 50 will be repealed.
Five percent is reasonable. It is a reasonable target goal when one considers that, according to the Bureau of Economic Analysis, real GDP growth under the Obama economy reached 4.6 percent in the second quarter and 5 percent in the fourth.
Why wouldn't we expect H.R. 50 to be able to sustain that growth rate and, indeed, improve on it in the first full year after enactment?
Finally, I would note that, according to the preliminary estimate of the Congressional Budget Office, this amendment would not increase direct spending or reduce revenues, and I strongly urge all of the Members in the body to adopt this commonsense amendment.
Mr. Chairman, I reserve the balance of my time.
I would inquire of the Chair how much time remains on this side.
Mr. Chairman, I yield myself such time as I may consume.
I just want to say in response to my friend from Utah, also a neat argument. All of a sudden we are now retreating from the economic rationale for moving beyond unfunded mandates, for getting the hobnail- booted government off the necks of business so jobs can grow and the economy can just take off. Now, that is not really the purpose of this. It is transparency and getting unfunded mandates exposed. I think that is a fairly weak argument and justification for a bad bill.
Mr. Chairman, I yield 1 minute to the gentleman from Maryland (Mr. Cummings), the distinguished ranking member.
In summary, Mr. Chairman, I think this is a commonsense amendment. I think it sets a metric that I would hope my friends on the other side of the aisle would actually embrace so that we can see whether a new piece of legislation is, in fact, working. It would allow the bill to go into place for a whole year before that metric kicks in. I think it is a commonsense amendment that actually gives us a chance to see whether the philosophy undergirding this legislation is, indeed, justified.
Mr. Chairman, I yield back the balance of my time.
Mr. Chair, I demand a recorded vote.