Unfunded Mandates Information and Transparency Act of 2017

Floor Speech

Date: July 13, 2018
Location: Washington, DC

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Mr. CLAY. Mr. Chairman, let me thank my colleague from Virginia for yielding as well as for his leadership on the Oversight and Government Reform Committee.

Mr. Chairman, I rise today to once again strongly oppose H.R. 50. I consider it a misguided bill that will cost American consumers, potentially, millions more in tax dollars, while making it easier for bad actors and certain industries to continue their abusive practices as they attempt to stonewall appropriate regulation.

Make no mistake: H.R. 50 is a frontal assault on the Nation's health, safety, and environmental protections, and it would erect new barriers to give selected industries a built-in advantage to evade or eliminate vital rules that protect the American people.

For instance, this bill would require agencies to consult with private sector entities ``as early as possible, before issuance of a notice of proposed rulemaking, continue through the final rule stage, and be integrated explicitly into the rulemaking process.''

Now, I agree that Federal agencies should consult with regulated industries regarding proposed rules, but they should not receive an insider, prewired advantage in the regulating and rulemaking process over other stakeholders.

H.R. 50 would also expand judicial review under UMRA and would allow a court to review the inadequacy or failure of an agency to prepare a written statement under UMRA. UMRA currently prohibits courts from using the law to stay, invalidate, or otherwise affect an agency rule. H.R. 50 would eliminate this prohibition.

I thought the majority strongly opposed judicial activism, but perhaps that only applies to protecting the President.

We don't have to choose between protecting the health, welfare, and safety of Americans and promoting economic growth, job creation, and innovation. We can do both. H.R. 50 advances neither of these worthy goals, and that is why I urge my colleagues to reject this deeply flawed act that will stack the deck against the American consumer.

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