Press Releases

Congressman Larry Bucshon (IN-08) released the following comment on the passage of H.R. 3010, the Regulatory Accountability Act of 2011.  H.R. 3010 was introduced by U.S. House of Representatives Committee on Judiciary Chairman Lamar Smith.  H.R. 3010 included a provision similar to H.R. 2371, the Transparency in Rulemaking when Using Scientific Testing (TRUST) Act of 2011, a bill introduced by Congressman Bucshon on June 24, 2011.

Congressman Bucshon (IN-08) states:

            “It is encouraging for job creators to see the U.S. House pass the Regulatory Accountability Act.  This legislation provides relief to businesses struggling under the burden of unnecessary and unachievable rules.  I was personally excited to read the provision in the bill that requires scientific research to be made public when promulgating rules and regulations, much like my bill, the TRUST Act, would do.  I worked with Chairman Smith’s staff in crafting the TRUST Act and believe it will provide greater transparency and openness while protecting the American public from burdensome rules produced by an unelected and unaccountable bureaucracy. 

“As a cardiothoracic surgeon, I used scientific data to help determine the best care for my patients.  Rules and regulations affect everything we do and I believe that science and data used to make these rules and regulations should be made available to the public for review and comment prior to being made permanent.  These rules need to be based on sound, peer-reviewed science and should not be put forth to promote certain ideological agendas.  This provides accountability our regulatory agencies need to put forth sound rules that keep people safe and healthy and do not stifle job creation.”

Chairman Smith states:

“Reducing the burden of out of control regulations on businesses is one way to help grow our economy and create jobs. H.R. 3010, the Regulatory Accountability Act, is a good step towards reining in federal regulators by making sure that all new regulations are necessary and imposed at the least-cost to businesses.

“Like Rep. Bucshon, I believe it is important to have sound science as part of the standard for creating rules and regulations that affect our economy.  I appreciate his work to see strong legislation enacted that ensures new regulations are based in nonpartisan scientific research, and not on the whim of the political party in power.”

Background:

On Friday, June 24, 2011, Congressman Bucshon introduced H.R. 2371, the Transparency in Rulemaking when Using Scientific Testing (TRUST) Act of 2011.  More information on the bill’s introduction can be read here.

Federal agencies typically issue more than 3,000 final rules each year and are not required to give the data to the public during the process.

Congressman Bucshon sponsored the TRUST Act after asking several times for the scientific studies related to the Mining Safety and Health Administration’s rule on Coal Dust they are promulgating this year. Although Congressman Bucshon has been given some of the data, there is still a study performed by the National Institute Occupational Safety and Health Pittsburg lab that he has been unable to obtain.

In the notice for proposed rulemaking under the Administrative Procedures Act (APA), currently only three things are required.

1)      The time, place and nature of the public rulemaking proceedings

2)      Reference to the legal authority under which the rule is proposed

3)      Either the terms or substance of the proposed rule or a description of the subjects and issues involved.

Persons are then allowed to comment on the proposed rules, but if science is used to formulate the rule, there is no opportunity to review it.

###