Date: 2007-10-22
Speaker: LINDA T. SANCHEZ (democrat)
Chamber: H
State: Cali

fornia. Madam Speaker. I yield myself such time as I may consume. Madam Speaker. the Federal regulation processig among the most important ways by which our Nation implements public policy. Each year. agencies issue thousands of regulations to ensure that the food we eat. the air we breathe. and the cars we drive are safe. Surprisingly. however. there is little empirical analysis of whether these regulations work as intended. Until 1995. the last year it received federal funding. the Administrative Conference of the United States was a nonpartisan. publicprivate think tank that provided invaluable guidance to Congress about how to improve the administrative and regulatory process. First established on a temporary basis. the conference. over the course of its nearly 30year existence. made numerous recommendations. many of which were enacted into law. H.R. 3564. the Regulatory Improvement Act of 2007. would simply reauthorize the conference for an additional 4 years. Madam Speaker. some might ask why we should reauthorize an entity that has not been in exist6nce for nearly a dozen years. Let me just mention three reasons. First. the conference saved taxpayers many millions of dollars. It helped agencies implement costsaving procedures and made recommendations that work to eliminate excessive litigation costs and long delays. Just one agency alone. the Social Security Administration. estimated that the conferences recommendation to change its appeals process yielded approximately $85 million in savings. Indeed. Justice Stephen Breyer testified before the Subcommittee on Commercial and Administrative Law about the "huge" savings to the public resulting from the conferences recommendations. Justice Antonin Scalia likewise agreed that it was an "enormous bargain." Second. the Administrative Conference promoted innovation among agencies. For example. it convinced 24 agencies to use alternative dispute resolution for issues concerning the private sector. The conference also spearheaded the implementation of the Negotiated Rulemaking Act. the Equal Access to Justice Act. and the MagnussonMoss Warranty Act. governing consumer product warranties. Madam Speaker. the conference played a major role in encouraging agencies to promulgate smarter regulations. It did this by improving participation in the rulemaking process. promoting judicial review of agency regulations. and reducing regulatory burdens on the private sector. Third. and perhaps more importantly. Congress needs the conference. Experience with the Congressional Review Act demonstrates that we simply. lack the resources and. sometimes. the political will to conduct aggressive oversight of regulations. Congressional recognition of the conferences significant contributions to the regulatory process is probably best evidenced by the fact that in nearly every Congress since its demise in 1995. legislation has been introduced assigning responsibilities to the conference. The Congressional Research Service advises that reactivation of the conference comes at an opportune time. especially in light of efforts by the executive branch to augment its role in the regulatory process. Madam Speaker. there are few entities that enjoyed more bipartisan support than the Administrative Conference. I commend my colleague. the ranking member of the Subcommittee on Commercial and Administrative Law. Mr. CANNON of Utah. for his continued leadership in pursuing the reauthorization of the conference. I urge my colleagues to support H.R. 3564. Madam Speaker. I would like to insert into the RECORD two letters from Supreme Court Justices Breyer and Scalia written in 1995 that describe the importance of the Administrative Conference of the United States.