Today, Public Knowledge joins other public interest, labor and civil rights groups in a letter to members of the U.S. House of Representatives strongly opposing H.R. 3438, the Require Evaluation before Implementing Executive Wishlists Act (“REVIEW Act”). If enacted, the REVIEW Act would require federal agencies to postpone the effective date of new regulations, with a potential economic impact of $1 billion, until the completion of any judicial review.
The following can be attributed to Phillip Berenbroick, Senior Policy Counsel at Public Knowledge:
“If enacted, The REVIEW Act would undermine Congress’ intent for expert agencies to do their jobs, negate years of work by expert federal agencies, and waste billions in taxpayer resources by likely requiring that agency efforts to protect consumers and promote competition be delayed for years.
“Agencies often enact rules to implement the express directives of Congress. For example, in the ongoing rulemaking to promote consumer choice in set-top boxes, the FCC is compelled by Congress to foster a competitive video marketplace to serve the public interest. The REVIEW Act would arbitrarily delay implementation of any new FCC set-top box rules, costing Americans tens of billions of dollars.
“The proponents of H.R. 3438 in Congress and the business community are amongst the most vocal critics of “frivolous litigation.” Ironically, the REVIEW Act would invite an avalanche of litigation by business interests against federal agencies — costing taxpayers millions of dollars — merely to delay the effective date of new rules that would protect consumers, promote competition, and safeguard public health and safety.
“The REVIEW Act should not be enacted. It is a cynical and pernicious effort to undermine important and fundamental protections for consumers and erode the ability of both the Executive Branch and independent agencies to adequately address critical issues during the terms of agency leadership.”
You may view the letter here.
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