Regulations from the Executive in Need of Scrutiny Act of 2011

Floor Speech

Date: Dec. 7, 2011
Location: Washington, DC

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Mr. MORAN. I thank the very distinguished former chairman of the Judiciary Committee.

This Republican bill is neither effective nor responsible. To paraphrase H.L. Mencken, eliminating Federal agency rulemaking as we know it is a solution that is simple, neat, and wrong.

Mr. Chairman, despite what the House majority would like you to believe, our Federal regulatory process is a model the world over. Delegations from other countries frequently visit our government agencies to learn how their governments can best ensure public involvement while maximizing government effectiveness and efficiency. Why? Because our regulatory system is the most open and the most fair system in the world.

Current law already guarantees that proposed regulations get widely published and receive extensive public participation. The proof of that is that proposed Federal regulations receive hundreds, thousands, even millions of public comments. The U.S. Forest Service, for example, received over 1.6 million comments on its roadless rule and held over 600 public meetings.

And public involvement doesn't stop there. Federal agencies are required by law to consider and respond to each comment received. Commenters frequently request and receive comment-period extensions. And when agencies learn of legitimate problems with their proposed regulations, they change or withdraw them to address those concerns.

As an additional check on Federal rulemaking, Congress passed the Congressional Review Act. This law already provides a 60-day waiting period before a final rule becomes effective. And during that delay, Congress can disapprove an agency rule by joint resolution.

The fact is that Federal agencies already have the right attitude about regulation. I think Federal Reserve Chairman Ben Bernanke summed up agency regulatory philosophy best: We seek to implement the will of Congress in a manner that provides the greatest benefit at the lowest cost to society as a whole.

This bill takes America in the wrong direction--one full of risk and cost that will put the public's health and safety at great risk.

I strongly urge my colleagues to join Chairman CONYERS in opposing this wrong legislation.

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