SCRUB Act - H.R. 998

The House passed H.R.998 (240-185), which establish a commission to review existing federal regulations and to identify those that should be repealed to reduce the cost of regulations on the economy. In addition, the legislation would require agencies to create a plan to review all new regulations within 10 years of their issuance. Finally, H.R. 998 would authorize the appropriation of up to $30 million to fund the commission.

Congressman Jason Smith's Press Release

WASHINGTON, DC – Today, Congressman Jason Smith’s (MO-08) bill, H.R. 998 the Searching for and Cutting Regulations that are Unnecessarily Burdensome (SCRUB) Act passed the United States House of Representatives with bipartisan support by a vote of 240-185. During his time in Congress Smith has continually defended the rights of rural America from an ongoing regulatory assault led by unelected federal bureaucrats. Passage of the SCRUB Act and providing regulatory relief for Midwest families, farmers and small business owners has been a leading priority for Rep. Smith since his time in the Missouri General Assembly.  

“Just last night I sat in this very chamber and listened to the President talk about how we will work together to put the American worker first”, said Smith. “The SCRUB Act does just that. This bill gives a voice to private sector citizens, farmers, families and businesses impacted by Washington regulations. The SCRUB Act will give the President the list of those regulations holding back private sector investment, growth and hiring. It will help shrink the size of government and get it off the backs of our farmers in Missouri so that they can do what they do best -  tend to their land and their family.”

Smith’s SCRUB Act establishes a Commission of folks directly impacted by federal regulations to identify and expedite the removal of regulations deemed duplicate, burdensome, costly or out of date. Further the legislation requires the removal of cost similar regulations before any new ones can be added. The SCRUB Act previously passed the U.S. House of Representatives in the 114th Congress on a bipartisan vote of 245-147. Independent analysis has found the collective cost of the burdens posed by federal regulations to be close to $2 trillion – or roughly $15,000 per household.

During his first full week in office, on January 30th President Trump authored an Executive Order known as “Reducing Regulation and Controlling Regulatory Costs” calling for the removal of 2 existing regulations for every new one proposed. On February 24th, President Trump authored an Executive Order known as “Enforcing the Regulatory Reform Agenda” to set up Regulatory Reform Task Forces to help identify regulations that amongst other things are inhibiting job creation, outdated, ineffective, unnecessary or inconsistent.

Smith continued, “The days of the Washington regulatory machine are numbered. With President Trump in the Oval Office, bureaucrats will be taking a back seat to the priorities of the American worker. The fate of the SCRUB Act and whether or not to provide regulatory relief to millions of middle class Americans now falls squarely at the feet of Senate Minority Leader Schumer. It is my sincere hope he will end the current streak of obstruction against President Trump. 1600 Pennsylvania Avenue is now home to a man whose number one priority is job creation and giving those underemployed and unemployed a real shot at achieving their dreams. It is our responsibility to work with the President to support what the American people called for this past November and give him the tools to help grow our economy. The best way out of poverty is a good paying job and the SCRUB Act clears the road of the government blockages which were holding up growth and hiring here at home.”

Most recently Rep. Smith led more than 60 of his House of Representatives colleagues in requesting that the Trump White House overturn a ‘midnight rule’ issued by the Obama Administration on its final full day in office which would eliminate the use of led ammunition and fishing tackle on federal lands. More information on the SCRUB Act and the regulatory burden American’s are currently facing can be found HERE.

Congressman Smith’s Floor Remarks during Floor Debate on H.R. 998 (as prepared for delivery)

Mr. Speaker,

On January 20th, America witnessed the end of the most regulation-happy presidency in American history. Under the Obama Administration, the pages of the Code of Federal Regulations reached the highest level in the history of our country.

The Obama administration issued 3,037 finalized regulations, which means almost two new regulations were added each and every day on American farmers, small businesses and families.

Regulations from the last administration alone cost taxpayers $873 billion. That is a burden of over $12 million an HOUR added by the Obama White House on the American taxpayer.

In Missouri alone, the costs of complying with regulations just added by the Obama administration totaled $19 billion, which is equal to over $9,000 in costs per person.

Regulations written by unelected bureaucrats in Washington are suffocating the very farmers and small business owners who we need to hire and expand in order to get full workforce participation.

Today we are considering a solution to this problem with the Searching for and Cutting Regulations that are Unnecessarily Burdensome Act, otherwise known as the SCRUB Act. The SCRUB Act’s objective is to reduce the cumulative cost of regulations by at least 15%.

With the passage of the SCRUB Act today, we are simply putting the tools in place to support what President Trump has already started.  During his first full week in office, President Trump authored an Executive Order for the purpose of reducing regulation and controlling regulatory costs. The order is simple, for every new proposed regulation, two existing ones must be taken off the books. This order will help prioritize regulations truly in the best interest of the American people and remove ones that are outdated, burdensome, and costly.

And just last week the President instituted regulatory review task forces, to review existing regulations. The SCRUB Act mirrors and supports the President’s actions ensuring that our regulatory burden never again reaches the heights that is today.

The SCRUB Act makes sure that farmers, small business owners, and families impacted by Washington regulators have a seat at the table in prioritizing which ones the Trump White House should remove.

We must help the President put an end to the ‘Washington knows best’ mentality that has polluted our Nation’s Capital and plagued the American people for the past 8 years.

Many of you voted in favor of this legislation last Congress. However, with this new administration the American people are calling for us to change the way things are done in Washington, so it is my hope that you will join me once again in helping put an end to the Washington regulatory machine.

I also call on my colleagues on the other side of the Capitol, who seem lately more bent on obstruction, to re-evaluate why their districts and states sent them to Washington. I am hopeful they will consider supporting the legislation, policies, laws, and nominations that will help alleviate the burden of an oversized federal government. With the SCRUB Act, we have a real opportunity to shrink the size of government and get Washington off the backs of the American people.

I want to thank Chairman Chaffetz, Chairman Goodlatte for bringing the bill up today.

I urge my colleagues to vote YES on the SCRUB Act.

(Press Release)

House Democratic Whip Steny Hoyer:

This bill would establish an un-elected, nine-member commission to review existing federal rules and regulations and identify those they determine should be repealed. H.R, 998 is based on the faulty premises that regulations have an adverse impact on economic growth, job creation, and innovation.  In fact, H.R. 998 would make it easier to roll back existing regulations that promote health and safety in communities and at the workplace, protect the environment, and safeguard consumers, and make it harder for every department and agency in the federal government to issue new ones.  The unelected commission would have the power to issue subpoenas “requiring the attendance and testimony of witnesses and the production of any evidence relating to the duties of the commission.”  This broad, unspecified authority will give an unelected panel more power than Inspectors General, while having no oversight or accountability, all at the expense of taxpayers.

In addition, Members of Congress would be unable to debate and vote on each rule recommended for immediate repeal by the unelected commission, and instead would be forced to vote on rule repeals as a package.  Any recommended repeal that is approved by Congress would result in the specified agency having to rescind the covered rules within sixty days.  H.R. 998 would essentially take the power away from elected representatives and Members of Congress, and give the power to an unelected appointed panel.

Further, H.R. 998 would create a “regulatory cut-go” procedure not dependent on congressional approval that would require any agency issuing a new regulation to repeal an existing regulation of greater or equal value within its jurisdiction that the commission has determined should be abolished.  Under “regulatory cut-go,” all regulations recommended by the Commission for repeal would be placed into an inventory of regulations which the agencies would be required to repeal over time through a “cut-go” process as agencies promulgate new regulations.  The costs of each new agency regulation must be offset by cost-reductions associated with the repeal of regulations in the inventory of regulations, until each agency completes the repeals of its own regulations specified in the inventory.  Simply put, no federal agency could issue a new rule, however justified or in the public’s immediate interest, unless it cut an existing one that imposes equal “costs” on the economy. 

This bill would give enormous power to an appointed commission with virtually no oversight or regulations, while tying the hands of agencies that are knowledgeable and have extensive experience in particular areas.  It would put the American people at risk, impede the ability of agencies to issue regulations that protected the public’s health and security, while wasting their tax dollars. 

This legislation is similar to an Executive Order issued by the Trump Administration that requires two federal regulations to be rescinded for everyone new regulation that is created. In January of 2016 the House passed H.R. 1155 which is identical legislation to H.R. 998. 

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