[Congressional Record Volume 152, Number 48 (Thursday, April 27, 2006)]
[House]
[Page H1897]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROPER BALANCE BETWEEN STATE AND FEDERAL POWERS
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Utah (Mr. Bishop) is recognized for 5 minutes.
Mr. BISHOP of Utah. Mr. Speaker, Justice Brandeis, as we have talked
once before, has said States are the ideal laboratory for democracy,
for indeed they have the better ability of being creative, and, if the
creation goes wrong, can move back from that, from the Federal
Government. For indeed when we try to be creative, and it goes wrong,
the entire Nation has an impact with it.
The idea of a Sunset Commission is one which has been experimented on
by various States, various times for a several or a few years now. As
our good friend Mr. Brady from Texas clearly said, it has proven
effective in cutting away bureaucracy, eliminating inefficient
agencies, letting go of outdated programs, and also saving the
taxpayers money.
Another way of saying that is this Commission can make citizens of
America more free, can keep government within its proper bounds and
help us to keep more of our own money and rule our own lives, which is
another reason why the Constitutional Caucus is supporting the creation
of this Sunset Commission.
The administration actually started this ball rolling several years
ago with the introduction of their Program Assessment Rating Tool, or
PART, the results of which have been the basis of administrative
decisions on budget proposals every year now. The key now is to give
these recommendations some legislative teeth, which is something that
the former Director, as well as the Budget Director of OMB, has urged
us.
He wrote, one time, we need to involve Congress more directly in
holding agencies and programs accountable for their performance through
a Sunset Commission which provides regular formal scrutiny of Federal
programs. This bipartisan Commission would review each Federal program
on a schedule established by Congress to determine whether it is
producing results and should continue to exist. Programs would
automatically terminate according to the schedule, unless the Congress
took action to continue them.
Mr. Speaker, I suggest also that one of the things we might want to
do is expand it to one other role. Many States, including mine, have a
regulatory oversight committee, which means a committee of the
legislative body which meets on a regular basis to review all rules
that are established and step in where rules established by the
bureaucracy become egregious.
Let's face it. All legislative bodies are sometimes sloppy. Sometimes
we have a grand idea, and then we will empower an agency to implement
that idea. Oftentimes those implementations, those rules and
regulations, they go awry. When there happens to be nobody directly
accessible or accountable to citizens who can then go to that and
attack and change that rule, well, that is when problems develop. That
is why we need to have legislative bodies who could step in and set
things right.
Much of the erosion of States rights in our country's history has
come from unaccountable Federal agencies that grow and then wrap their
arms around States and people and don't ever want to let go. Congress
has certainly done its part to ignore 10th amendment issues. Courts
have also siphoned off some power. But a slow and insidious
encroachment of Federal agencies is perhaps the worst of these
influences.
A Sunset Commission would put us on the road to solving this. It
would force every Federal agency to its usefulness, review its own
mission, justify its own existence, or face some kind of elimination.
It would also allow a review of regulations and standards to make sure
they are logical, legitimate, and within the scope of the legislative
empowerment that created them in the first place.
I appreciate the opportunity being here on the same evening when Mr.
Brady, the gentleman from Texas, reintroduced his bill to the American
people of having a Sunset Commission. I appreciate also being here when
the gentleman from New Jersey Mr. Garrett talks about the
Constitutional Caucus and the effort it is to try to reestablish the
right and proper balance between government; for indeed the purpose of
that is to ensure that the power belongs to people to rule their own
lives, to States to be in their sphere of government, and the Federal
Government to maintain its balance and its purpose where it was
constitutionally designed to be.
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