STATEMENT OF ADMINISTRATION POLICY
H.R. 5719 – Empowering Employees through Stock Ownership Act
(Rep. Paulsen, R-MN, and three cosponsors)
The
Administration is committed to helping startups, boosting innovation,
and growing the economy, and is willing to work with the Congress on
fiscally responsible measures to achieve those goals. However, the
Administration strongly opposes H.R. 5719 because it would increase the
Federal deficit by $1 billion over the next ten years. Failing to pay
for new tax cuts is fiscally irresponsible.
H.R. 3438 – Unnecessary Delay of Rules Act
(Rep. Marino, R-PA, and 32 cosponsors)
The
Administration is committed to ensuring that the regulatory process
remains efficient and effective, and is tailored to further statutory
goals in the most cost-effective manner. H.R. 3438 would promote
unwarranted litigation, introduce harmful delay, and, in many cases,
thwart implementation of statutory mandates and execution of duly
enacted laws. The legislation also would increase business uncertainty
and undermine much-needed protections for the American public, including
critical rules that provide financial reform and protect public health,
food safety, and the environment. For these reasons, the
Administration strongly opposes H.R. 3438.
The
Unnecessary Delay of Rules Act would delay the implementation of
"high-impact" rules until all legal challenges are fully exhausted or,
if there is no legal challenge, until the end of a statutorily
prescribed period. H.R. 3438 would require this delay of all rules
without consideration of the merits of the challenge or the consequences
of delay. These "high-impact" rules already
must adhere to the particular requirements of the statute that the
agency is implementing as well as the requirements of other Federal
statutes and the Constitution. Indeed, in many cases, the Congress has
mandated that the agency issue the particular rule. The agency also
must comply with the rulemaking requirements of the Administrative
Procedure Act (5 U.S.C. 551 et seq.). When
issuing a major rule, an agency also must perform analyses of benefits
and costs that typically are required by one or more statutes (such as
the Regulatory Flexibility Act, the Unfunded Mandates Reform Act, and
the Paperwork Reduction Act), as well as by Executive Order 12866. Furthermore,
courts already have the discretion to delay rules on a case-by-case
basis. Thus, the Unnecessary Delay of Rules Act is entirely unnecessary
and would promote litigation designed only to delay rule
implementation.
Given
the extensive existing statutory framework already governing agency
rules, the additional delays created by H.R. 3438 would needlessly
endanger the welfare of the American public, while providing no benefit
and creating a powerful incentive for litigation with little to no
merit.
If the President were presented with H.R. 3438, his senior advisors would recommend that he veto the bill.
Source: Executive Office of the President, Office of Management and Budget
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