I want to commend the gentleman on his amendment. Mr. Chair, this amendment would exempt from H.R. 185 all rules or guidance that relate to health or public safety, including food safety, workplace safety, consumer product safety, air quality, or water quality. Existing APA procedures would continue to apply to these types of rules. The amendment highlights the real-world consequences of H.R. 185, which would be to stifle agencies' ability to promulgate rules that protect public health and safety. Among other things, H.R. 185 requires agencies to perform cumbersome and lengthy cost-benefit analyses of all rules. Worst of all, it would override substantive provisions of numerous statutes, including the Clean Air Act, the Clean Water Act, and the Occupational Safety and Health Act, that prohibit or limit agencies from considering cost. For instance, the Food and Drug Administration has begun proposing rules and guidance under the FDA Food Safety Modernization Act (FSMA), which was passed by Congress and signed into law by President Obama in 2011, representing the most substantial reform to food safety in over 70 years. In November 2014, the FDA proposed rules to implement this Act to prevent foodborne illness outbreaks associated with contaminated produce, among other things. According to the Center for Disease Control, one in six Americans get sick every year from foodborne diseases, affecting about 48 million people yearly.…
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