Members, my colleagues, I rise, I am sorry to say, in strong opposition to H.R. 1155, the so-called SCRUB Act, because it threatens to drown agencies in additional layers of red tape and makes it nearly impossible to establish any new rule, no matter how pressing, or to issue any guidance on existing rules. Under this bill, an agency must treat every regulation the same, regardless of the urgency of the situation or the subject matter of the regulation. H.R. 1155 achieves this result in several respects. First, the bill would establish a regulatory CutGo process, forcing agencies to prioritize between existing protections and responding to new threats to our health and safety. This draconian, one-size-fits-all retrospective review process would obligate an agency to determine the costs of a new regulation and eliminate an existing regulation in order to pay for it. Next, the SCRUB Act is a dangerous solution in search of a problem. In principle, retrospective review of existing regulations is certainly not a bad idea. It is hard to argue against the notion that agencies should periodically assess whether the rules they promulgated are as good as they can be or whether they are even necessary in light of changed circumstances.…
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