Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I oppose this bill. My colleagues on the other side have portrayed this bill as simply a codification of an executive order President Clinton issued. That simply is not…
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I oppose this bill. My colleagues on the other side have portrayed this bill as simply a codification of an executive order President Clinton issued. That simply is not the case. This bill makes significant changes to the regulatory process. The bill would require independent agencies to submit rules to the Office of Information and Regulatory Affairs, OIRA, for review. Independent agencies do not currently have to get the approval of the White House for regulations they issue. Congress designed independent agencies to be just that, independent. This bill would change that.
In February of 2015, the Committee on Oversight and Government Reform Chairman Jason Chaffetz sent four letters to the chairman of the Federal Communications Commission alleging that the White House had ``an improper influence'' on the FCC's net neutrality plan and that the FCC ``failed to establish the appearance that this rulemaking is independent, fair, and transparent.''
The bill we are considering would enshrine in law that very allegation my esteemed colleague Chairman
Chaffetz had concerns about, political interference by the White House with the FCC and other independent agencies. The Congressional Budget Office estimates that this bill would increase direct spending by $3 million and reduce revenues by $2 million. These direct spending and revenue effects are caused by the fact that the bill covers independent agencies. CBO has also estimated that the bill would cost Federal agencies an additional $20 million in administrative costs. Imagine. I am fighting to keep the budget down in this matter.
The bill does not include offsets for any additional spending. The bill also omits critical phrases from Executive Order 12866 that ensures that OIRA reviews do not contradict existing law. For example, the executive order requires agencies to provide the cost and benefits of alternatives to a proposed rule ``unless prohibited by law.'' The bill does not include this exception, and my colleagues on the other side have still not explained why it does not include this language.
It is unclear how the bill would impact laws that prohibit agencies from considering costs when setting public health standards.
The Coalition for Sensible Safeguards--an alliance over 150 labor, scientific, good government, health, and environmental groups--sent a letter to the House Members yesterday opposing this bill. That letter said in part:
``Particularly concerning, H.R. 1009 would in effect rewrite dozens of public interest laws containing congressional mandates that require agencies to prioritize public health and safety and the preservation of the environment, clean air, and clean water over concerns for industry profits. This consequence flows from another key difference between H.R. 1009 and the Executive Orders it purports codify: Whereas the Orders impose their requirements only to the extent consistent with applicable laws, H.R. 1009 recognizes no such limitations.''
Mr. Chairman, this bill would also give OIRA the ability to hold up rulemaking indefinitely.
Under Executive Order 12866, the administrator over OIRA has 90 days to review a rule, and that period can be extended one time for 30 days. This bill would allow OIRA to extend its review ``for any number of additional 30-day periods upon written request by the administrator or the head of the agency.''
The bill also gives the rulemaking agencies the ability to object to an extension of OIRA review period, but it is not realistic to think that an agency would refuse a request for an extension from the White House.
The Union of Concerned Scientists also sent a letter to House Members opposing this bill. That letter said:
Of particular concern is the fact that H.R. 1009 aims to
codify some of the most burdensome requirements of previous
executive orders while gutting the much-needed flexibility
that the orders provide to Federal agencies in charge of
ensuring science-based protections for the public. Congress
should increase protections for our constituents rather than
preventing agencies from issuing science-based protections.
I urge my colleagues to oppose this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
We are opposed to the bill because we have received letters and concerns from a cross section of Americans, a cross section of organizations, who recognize that this is not really a codification of an executive order, but this is overreach on the part of the majority of Congress at this time. They feel that they are able to do it, and so they are going to ram this through.
H.R. 1009 would add another layer of bureaucracy to an already slow rulemaking process. The Consumer Federation of America says:
The bill creates a regulatory working group to provide
input to agencies about how to improve their regulatory
process, including an evaluation of risk assessment
techniques.
It appears like this is what we are going to be doing throughout Oversight and Government Reform, is creating new task forces and new groups to review rulemaking and review regulations at the cost of the taxpayer.
H.R. 1009 would jeopardize the independence of agencies like the Consumer Product Safety Commission, the Securities and Exchange Commission, the Commodities Futures Trading Commission, the Federal Communications Commission, as well as other independent agencies because it will give the Office of Information and Regulatory Affairs, OIRA, the ability to
review significant rules which are outside of their scope now. That is why these agencies are called independent, because Congress wanted them to be independent. We are now giving OIRA overreach into independent agencies.
The Consumer Federation of America goes on to say:
Authorizing OIRA to conduct its own analysis would not only
add pressure from the executive branch and add time and
expense to the already slow regulatory process, but would
also give the special interests seeking to quash a safety
measure yet another avenue to prevent a rule from being
promulgated.
Significantly, independent agencies were created by Congress to prioritize public health and safety, ensure a fair financial marketplace, and consumer privacy. This bill would undermine the authorizing statutes and the missions of these independent agencies by allowing those agencies to be in some way touched by the White House.
Again, we have the Natural Resources Defense Council. Their letter to all of the Members said:
The bill would also revive legislative language that
Congress repealed elsewhere because it made it impossible to
protect the public.
Specifically, in H.R. 1009, OIRA was charged with ensuring that the regulation imposes the least burden on society. Congress removed such language when it updated TSCA because the phrase had made it impossible for chemical safety regulations to pass judicial muster, even when the chemical was asbestos, well known to be a potential carcinogen.
No one wants to impose unnecessary burdens on society, but the phrase ``least burdensome'' has been interpreted to put an agency in an impossible position of providing that there is no other conceivable way to accomplish its goal of having to cost out every theoretical option.
The reason we are opposed to this bill is because it makes it more difficult for independent agencies to remain independent and not be moved by the White House by political machinations that this Congress is now trying to impose on them.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 3 minutes to the gentlewoman from California (Ms. Maxine Waters).
Mr. Chairman, I yield 3 minutes to the gentlewoman from the District of Columbia (Ms. Norton).
Mr. Chair, we would say that this bill is not necessarily about transparency so much as it is about the executive branch, and specifically the White House, being able to reach into these independent agencies. There are already mechanisms in place for the transparency that my colleague is speaking about. What we are doing now is creating another level of oversight over the committees, over these independent agencies, so that this Congress can then have reach into them as well.
At this time, I yield 5 minutes to the gentleman from Rhode Island (Mr. Cicilline).
Mr. Chair, I yield myself the balance of my time to close.
There are many organizations that oppose this bill, including consumer protection groups such as The Center for Popular Democracy's Fed Up Coalition. The Fed Up Coalition sent a letter to House Members today that said:
The Fed Up Coalition exists to ensure that policymaking at
the Federal Reserve reflects the concerns of working families
and communities of color. By encroaching on the Fed's ability
to pursue sound regulation and extending the hand of the
executive branch in the Federal Reserve decisionmaking, H.R.
1009 undermines the Feds's ability to keep our financial
system safe and protect working families and taxpayers that
our coalition represents.
I strongly urge Members to vote ``no'' on H.R. 1009, and I yield back the balance of my time.
Mr. Chair, I claim the time in opposition to this amendment.
Mr. Chair, this manager's amendment does not fix the flaws in the bill we are considering.
One of the major flaws in the bill is the authority it gives to the Office of Information and Regulatory Affairs to hold up rules indefinitely. This amendment attempts to address that concern by requiring that any extension be agreed to by both the White House and the agency issuing the rule.
It is just not realistic to believe that an agency whose top official is appointed by the President would tell the White House it cannot have an extension if the White House asks. This amendment also does nothing to address the concern that the bill could interfere with other laws.
The Natural Resources Defense Council sent a letter to House Members opposing H.R. 1009. That letter states:
``The bill would also revive legislative language that Congress repealed elsewhere because it made it impossible to protect the public. Specifically, in H.R. 1009, OIRA is charged with ensuring that a regulation imposes the least burden on society. Congress removed such language when it updated the Toxic Substances Control Act because the phase had made it impossible for chemical safety regulations to pass judicial muster, even when the chemical was asbestos, well known to be a potent carcinogen.''
This amendment also includes language that says that no funds shall be authorized to carry out the bill. This does not change the fact that the CBO estimates that the bill will result in $3 million in direct spending. That is money that Congress has not appropriated that independent agencies like the Federal Deposit Insurance Corporation and the Consumer Financial Protection Bureau would have to spend.
CBO also estimates that the bill would change the operations of the Federal Reserve, which would result in $2 million in reduced revenues.
CBO also estimates that agencies would have to spend $4 million in appropriated funds each year to comply with the requirements of this bill. Making agencies comply with additional requirements without giving them more money means that agencies will have to choose between which requirements they comply with and which they ignore.
I oppose this amendment.
Mr. Chair, I reserve the balance of my time.
Mr. Chairman, I am just so grateful that my colleague is interested in making investments, monetary investments, with taxpayers' dollars. I will be looking to him and his other cosponsors and supporters when we are looking for investing in working class Americans and working people and protecting health care and other benefits when we have the budget discussions.
I have no further statements at this time.
I yield back the balance of my time.
Mr. Chairman, I claim the time in opposition, but I do not oppose this amendment.
Mr. Chair, this amendment would require agencies to report on their efforts to coordinate with State, local, and tribal governments throughout the regulatory process. I agree that it is important that State, local, and tribal governments are properly included in the regulatory process. The amendment, however, simply adds new requirements without addressing the flaws in the underlying bill.
The amendment fails to address the fact that this bill does not exclude independent agencies from its coverage. Congress designed independent agencies to be just that, independent.
The amendment fails to include an offset for the additional $20 million in administrative costs that this bill will likely cost Federal agencies.
The amendment also fails to insert a provision into the bill to ensure that OIRA reviews do not contradict existing laws. The amendment also fails to mandate a specific timeframe within which OIRA must complete its review.
The amendment simply does nothing to improve the numerous deficiencies in this bill.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I claim the time in opposition to this amendment.
Mr. Chairman, I cannot support this amendment because it is duplicative of requirements already in place and will waste limited agency resources through additional burdensome requirements.
On January 18, 2011, President Obama issued Executive Order 13563 requiring each agency to implement plans for reviewing existing rules. Section 6 of that executive order requires each agency to ``periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.''
There can be no real doubt that this executive order covers the review and elimination of duplicative and conflicting regulatory actions. Frankly, the elimination of regulations that are duplicative or conflicting is one of the most efficient actions an agency can take to make its regulatory program more effective and less burdensome.
Forcing agencies to spend time and resources to describe what they are already doing is wasteful and unduly burdensome. Agencies already keep the public apprised of their regulatory activities through the easily-accessible websites reginfo.gov and regulations.gov, both of which are managed by the Office of Information and Regulatory Affairs. Through these websites, the public can search for rules, comments, adjudications, and supporting documents. The public can also access each agency's unified agenda, which contains the regulatory agenda for each agency.
The public can also access a list of pending agency rules. Each of these rules has easily accessible links that can allow the public to obtain further information about the rule, including its status and Executive Order 12866 meetings about the rule.
This amendment does nothing to improve the deficiencies in H.R. 1009, and will force agencies to waste their time and limited resources on work that is already being done. I urge Members to oppose this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I claim the time in opposition to this amendment.
Mr. Chair, I yield myself such time as I may consume.
Mr. Chairman, I oppose this amendment, and it is unfortunate because we believe that this amendment, on its own, is something that would draw bipartisan support. Unfortunately, this amendment is attached to H.R. 1009, because the amendment would make the role of OIRA in the rulemaking process more transparent.
The Government Accountability Office has consistently found that OIRA is not transparent about its involvement in shaping rules. The GAO testified to the Oversight and Government Reform Committee, in March of 2016, that it has made 25 recommendations to OMB to improve its process, but OMB has only implemented six of those recommendations.
This amendment would be a step in the right direction. And as usual, my colleague, the esteemed gentleman from North Carolina, always comes up with rational, well-reasoned amendments and ideas that can be supported across the aisle; and for that, you know, we believe and we are hopeful that Mr. Meadows will work with the committee on a bipartisan basis to pursue these types of productive transparency reforms.
It, unfortunately, does not fix the problems with the underlying bill and is rather packaged with a partisan bill the House is considering today. For this reason, I am in opposition to the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, the fact that the esteemed gentleman of North Carolina is willing to work with me means that it has been a wonderful day for me, and I am just so glad because I understand, although I don't always agree with everything that he says, and I know that the gentleman from North Carolina's heart is in the right place; that he is working towards resolutions of issues; that he is principled in his beliefs.
Mr. Chairman, I yield 1 minute to the esteemed gentleman from Virginia (Mr. Connolly).
Mr. Chair, I yield back the balance of my time.
Mr. Chairman, I rise in opposition to this amendment.
Mr. Chairman, I do not oppose this amendment. However, like the manager's amendment, it does nothing to improve the bill. This amendment, in fact, really does not move the needle at all.
Agencies, including the Office of Management and Budget, are required to preserve records according to the records schedules under the Federal Records Act and regulations issued by the National Archives and Records Administration.
This amendment says that OIRA must do what it is already required to do. This amendment provides a platform to express frustration with OIRA's response to a subpoena issued by the chairman during the Obama administration, as demonstrated by his statements just a few moments ago.
I look forward to him expressing the same outrage if the current administration does not provide documents that the Members on this side of the aisle, the Democratic members of the committee, request.
Mr. Chairman, I yield back the balance of my time.