011111;;er at" the limiter?! gtatea 3301 211515 November 15, 2016 Dear Secretaries, Administrators, Directors and Commissioners: Earlier this year, President Obama?s Chief of Staff stated that the Administration will ?do audacious executive action throughout the course of the rest of the year.?1 As you are aware, such action often involves the exercise of substantial policymaking discretion and could have far-reaching impacts on the American people and economy. Considering these potential consequences, we write to caution you against ?nalizing pending rules or regulations in the Administration?s last days. By refraining from acting with undue haste, you will ensure that agency staff may fully assess the costs and benefits of rules, making it less likely that unintended consequences will harm consumers and businesses.2 Moreover, such forbearance is necessary to afford the recently elected Administration and Congress the opportunity to review and give direction concerning pending rulemakings.3 Should you ignore this counsel, please be aware that we will work with our colleagues to ensure that Congress scrutinizes your actions and, if appropriate, overturns them pursuant to the Congressional Review Act.4 Sincerely, Kevin McCarthy House Majority Lea Services 1 David Cook, White House chief of staff promises audacious executive action?, CHRISTIAN SCIENCE MONITOR (Jan 13, 2016), http: csmonitOI com/USA/Politics/monitOI breakfast/2016/0113/White- House- chief- of- staff? promises- audacious- executive- action (emphasis added). 2 Other aspects of the rulemaking process are diminished when administrations issue? ?midnight? rules, lowering the quality of the final product. The Office of Information and Regulatory Affairs (OIRA) has limited opportunity to review ?midnight? rules, ?and neither agency nor personnel have sufficiently strong incentives or latitude to conduct searching analyses of whether the rules should or should not be issued or modified.? H. COMM. ON THE JUDICIARY, MIDNIGHT RULES RELIEF ACT or 2016, H. Rep. No. 114-782, pt. 1, at 2 (2016). 3 On January 20, 2009, President Obama?s Chief of Staff requested that the heads of executive departments and agencies refrain from finalizing new rules, writing that is important that [the President?s] appointees and designees have the opportunity to review and approve any new or pending regulations.? We respectfully submit that the sentiment animating President Obama's guidance is as applicable today as it was almost eight years ago, and that democratic accountability requires that all agencies even so-called independent agencies temporarily refrain from finalizing rules. 4 5 U.S.C. 601 et seq. PRINTED ON RECYCLED PAPER M4 Plan/W Michael Conaway Chairman House Committee on Agriculture ?71/Rf Mac Thornberr/Q Chairman House Committee on Armed Services House Committee on Education and the Workforce Charlie Dent Chairman House Michael McCaul Chairman House ommittee on Homeland Security Bob Goodlatte ee on th udiciary Jason Chaffetz Chairman House Committee on Oversight and Government Reform Hal Rogers f) Chairman House Committee on Appropriations Chaim?IHL?? HOuse COmmittee on the Budget 2/ f? red Upton I Chairman House Committee on Energy and Commerce 0 oyce Chairman House Committee on Foreign Affairs me Candice Miller Chairman House Committee on House Administration Rob Bishop Chairman House Committee on Natural Resources MNunes Chairman House Permanent Select Committee on Intelligence game.)? Pete Sessions Chairman House Committee on Rules fiw/ teve Chabot Chairman House Committee on Small Business Je 111 airman House Committee on Veterans? Affairs CC: All Federal Executive and Independent Agencies ado/mm Lamar Smith Chairman House Committee on Science, Space and Technology 111 Shuster Chairman Committee on Transportation and 1? ?Kevin Brady Chairman