I thank the distinguished ranking member of the Oversight and Government Reform Committee, my good friend from Maryland, Elijah Cummings. Mr. Chairman, I was listening to my good friend, Ms. Foxx from North Carolina; and I don't doubt her commitment to try to rein in unfunded mandates, and I certainly supported the 1995 effort, as somebody working at that time in local government, because local governments are burdened with many unfunded Federal mandates. No Child Left Behind, for example, comes to mind. This legislation before us today, however, is not a simple extension of unfunded mandates. It is something else. Mr. Chairman, any lingering doubt about this week's Republican assault, which is orchestrated on the regulatory process as designed to benefit corporate interests, should be laid to rest with this bill. Agencies are already required to consult with any interested party during the rulemaking process through a robust public participation and comment period. This bill, however, would single out private sector special interests and give them special treatment and an unfair advantage by requiring agencies to consult with them before a rule is even proposed. The bill further subverts existing law by opening the door for opponents of regulation or delay to invalidate rules through frivolous litigation. Current law expressly prohibits the courts from blocking a new rule based on the advocacy of an agency's analysis.…
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