On the recordOctober 25, 2017
Mr. Chairman, I yield myself such time as I may consume. I just want to again remind folks that, during the course of this argument, we have heard this narrative about the problems with the sue and settle, as Mr. Nadler described it, an imagined, concocted vast conspiracy, but without any evidence that it actually exists, a solution in search of a problem. Just to remind folks, there were two reports done by the GAO--I have them in my hand; they are thick--that, in fact, undermine the suggestion that there is any such problem. In response to requests from the Republican committee chairs, the Government Accountability Office has twice concluded that agencies cannot and do not circumvent the rulemaking system through settlements relating to statutory deadlines. Finally, we received testimony earlier this year from Attorney General Jeff Sessions' Justice Department that current agency policy, which was codified in 1991, prohibits circumventing the rulemaking process through deadline lawsuits. We have heard similar testimony from career Justice Department officials in prior administrations. I ask the question: How is H.R. 469 necessary in light of this complete lack of support for this so-called sue and settle phenomenon and the presence of controls against this from happening in the first instance? Mr. Chair, again, there is just no evidence to support the necessity for this.…





