Stop the laws! In this episode, learn the details of three bills
that passed the House of Representatives in January which would
make enforcing laws more difficult for Federal agencies.
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Bills Highlighted in This Episode
H.R. 1155: Searching for and Cutting Regulations that are
Unnecessarily Burdensome Act of 2016 (SCRUB Act)"
Retrospective Regulatory Review Commission
Establishes a new five-year commission that will review
government rules to determine which ones should be eliminated "to
reduce the costs of regulation to the economy."
- The Chairman will be appointed by the President and must have
"experience in rulemaking". The other eight members will come from
lists created by the majority and minority leaders in Congress of
"individuals learned in rulemaking".
- The commission will have
subpoena power and "the attendance of witnesses and the
production of evidence may be required from any place within the
United Stats at any designated place of hearing within the United
- The bill appropriates
$30 million which are available until expended.
- The commission members
will be paid, and will be given travel expenses including a per
- The commission will
hire staff, who will
also be paid.
- The commission
can hire "experts or consultants", and may
"lease space and acquire personal property" "to the extent
funds are available"
- The commission will review the Code of Federal Regulations to
"that should be repealed to lower the cost of regulation to the
- Priority will be given to "major rules" which have been in
effect more than 15 years, impose paperwork burdens" which could be
reduced without "significantly diminishing" regulatory
- Goal is to reduce the cost of Federal regulations by 15% with a
"minimal reduction" in the effectiveness of the regulations.
Criteria for recommending repeal
- Repeal procedure
- If Congress passes a joint resolution approving the
Commission's repeal suggestions, the Federal agencies will have to
repeal the rules
within 60 days of the joint resolution's enactment.
- Repealed rules
can not be reissued without a new law enacted
- All records of public meetings and hearings
will be published on the Commission's website within 1
- Passed the House of Representatives 245-174
- There is an identical bill in the Senate: S. 1683
- President Obama issued a
Sunshine for Regulations and Regulatory Decrees and Settlements
H.R. 712 is a combination of three bills: The Sunshine for
Regulatory Decrees and Settlements Act, the All Economic
Regulations are Transparent Act, and the Providing Accountability
Through Transparency Act.
Title 1: Sunshine for Regulatory Decrees and Settlements
Title II: All Economic Regulations are Transparent Act
- Makes every Federal agency
submit monthly reports) on the status of every rule they are
Rules can’t go into effect) until they have been published on
the Internet for at least 6 months. Exemption for national
security, emergencies, or implementing international trade
- Requires the first report to include cost-benefit analysis for
all proposed or final rules for the
10 years) before the enactment of this law. The agencies will
30 days to complete this report.
Title III: Providing Accountability Through Transparency
Supporting Transparent Regulatory and Environmental Actions in
Mining Act (STREAM Act)
Publication of Science Used to Create Rules
- The Secretary of the Interior would have to
publicly publish on the Internet all the scientific data,
environmental analysis, economic assessments, policies or guidances
used in developing a new rule 90 days before before the new rule or
draft of a rule is published.
Study Which Delays Regulations
- Passed the House of Representatives 235-188
Congressional Budget Office Reports
Sound Clip Sources
Markup of H.R. 348, H.R. 712, H.R. 1155, H.R. 690, and H.R.
889, House Judiciary Committee, March 24, 2015.
- Television show:
60 Minutes: King of Coal, CBS, March 6, 2016.
Music Presented in This Episode
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