the founder of the center for the study of rulemaking, and certainly you know about rulemaking because this president is shifting to rulemaking, economic orders and other actions when he has divided party government. i want to welcome neil kirwin. neil, this is the 22nd year of the institute. you've been at every one and we appreciate that very much. we appreciate your support. he's going to be speaking on lobbying and the regulatory process. thank you, neil. >> thank you, gentlemen. thank you, jim, for that introduction. i wanted to especially thank him for the plug for the book. i've spoken to the class 22 times. the book is now going into his fifth edition. the classes apparently had no effect whatsoever on the sales. >> wait a minute. aren't you having a movie made of it? >> yeah. sure. yeah. yeah, we're casting it now. all right. what jim did by way of introduction is absolutely right. this is a field of study that, except for students of political science who are reasonably advanced in their work, and frankly the practitioner community in washington, this is an arcane science. bu

something called an advanced notice of proposed rulemaking. and this is a device that agencies use basically to test the waters with people like you. it's not a formal proposal at that point. it's an idea. the agency's basically saying to the public we're thinking about writing a reg about rugs in classrooms. we think we have the authority to do it under this statute. we think this is the problem that has to be solved. what do you think. and what the agency can do then is to gauge both the public reaction to whether or not they had legal authority, and whatever the public already knows about the problem. so, you know one of the many associations that represent universities might weigh in and say there's nothing wrong with carpets, you know, in university classrooms. so knock it off. you don't need any more. all right. or they might say yeah it's a really serious problem because there are very dangerous chemicals in those carpets and students sitting in a classroom for any more than, let's say 25 minutes, could have serious health issues. that'

and the informal rulemaking is much more common. and in formal rulemaking, the general path is that the agency publishes a notice of proposed rule in the federal register and then allows the public an opportunity to comment on the rule, and then the publication of final rule follows. the administrative procedure act allows exceptions to informal rulemaking for guidance documents like policy memoranda and interpretive rules. policy memoranda, for example, are not subject to the notice of common requirements of the administrative procedure act. but as a consequence of the procedural shortcut, you are not legally binding on the public. so that means a regulated party may argue that a different rule other than the one that is contained in a guidance document should apply in any enforcement. now, all types of agencies use nonlegislative rules a lot. nonlegislative rules are really the workhorse of the executive branch. guidance documents allow agencies to move more quickly and communicate more frequently with regulated parties. a policy

or deregulate entire industries through rulemaking avoidance by agencies. as a result of this deregulation, it would seriously undermine the critical role of agencies in protecting public health and safety, undermining protections across every regulated industries from consumers health and safety, environmental regulations and workplace safety to consumer protections. this is part of an of attack -- an orgy of attack. the only basis is the unsupported claims that regulations the road employment and economic growth. contrary to my republican colleagues assertions that regulations kill jobs, a wealth of unimpeachable bipartisan evidence has repeatedly and effectively debunked this claim. the omb estimated over the last decade that major regulations benefiting the economy between 217 billion and $863 billion a year had a mere cost of 57 billion to $84 billion, so the net result was positive. in fact, in a 2013 study from the san francisco federal reserve, it sounds since the recession there is zero correlation between job growth and regulations. moreover, the

circuit held that federal communications commission should have used notice and comment rulemaking is comment rulemaking is that of an erpa tape -- interpreted approach of introducing a requirement that allowed landline telephone numbers to be transferred to wordless carriers. we all remember when this was big news. because in a requirement that more than quote supply crisper and more detailed lines than being interpreted the d.c. circuit held the fcc did not properly invoke an exception to notice and comment were making. the d.c. circuit also sort of regularly hears cases where people are challenging the use of the rule in a a policy memorandum and the court usually looks to the language of the policy statement and agency's behavior to decide although i should say the d.c. circuit's case law on the subject is anything but clear. if the document does not use language and agency does not true treat the rule is winding patrol may -- for example and immigration context context of policy memorandum addressing issues affecting the adjudication for specific immigration benefit was held to b

the rulemaking process is deliberative -- >> i understand. when do you think you might get that out? >> at this point can't give you a firm deadline. we're still working on the -- you have -- >> do you have a goal in mind? you have a lot of people across the united states waiting, and do you have any kind of a working deadline or working goal? >> our goals are to get it out as quickly as we can as long as we get it out right. >> is it likely to be this year or next year? >> i can't speculate. my own personal hope is that we get it out as soon as possible. but it's got to go through the regulatory process that has been put in place by congress. we're working our way through that. >> okay, i'm going to press you one more time. you're slipping off the question. how long does the regulatory process normally take in a situation like this? >> you have to understand. this is a very complex -- >> never mine. i can tell i'm not going to get the answer i was hoping for. we'll take your word for expediting the process as much as we can. dr. lauben what

somebody made a comment about the proposed rulemaking is expected. we are encouraged to hear that news. there was a letter to secretary fox concerned about the timeline. of course, we want this to be done right. we don't want to jeopardize safety grade were not concerned only with workforce development in those challenges of recruiting people into this industry and we don't have that certainty, but also for these new companies attracting private investment. have you noticed some particular challenges because of the lack of certainty and venture capital to the industry? >> absolutely. thank you for your question. if i'm investing money and a project like this, i want to know what the go to market strategy is. i don't know when i can fly them when i can pursue some of the commercial opportunities out there. it is a big barrier. there is tremendous product being developed. it says that this is a great investment opportunity and business opportunity and job creator, which is something we need to be paying attention to. while we want to get this right we

general rulemaking. that's a we have to catch up with. this isn't the first time this happened in history i'm sure. can anyone here tell me which is more dangerous, a small privately owned airplane flying from here to there, or a drone flying from here to there? >> i've had several friends that event in helicopter crashes actually specifically test coming in, going out the side of the dork taking pictures of powerlines. so i can't speak to the factual evidence here but in my estimation having a two or three-pound drone flying over a national grid powerline taking photos, if it were to fail in any way, shape, or form it does have to worry about auto rotating down to the ground when they're flying outside the chart. all it does is bounce off the power line folded ground you take another one out of the truck and keep inspecting. my guess that we much more safe and allow us to start saving lives today. >> we have done analysis and it depends on the size of the drone. for a small drone the risk to people on t

circuit held it did not properly invoke a notice to rulemaking. the d.c. circuit also regularly hears cases where people are challenging the use of a role in a policy memorandum, and the court usually looks at language of the policy statement and the agency's the hager, although i should say that d.c. circuit case law on this subject is anything but clear. if the document does not use binding language and agency does not treat the rule as binding, the rule may be nonlegislative. in the immigration context, a policy memorandum addressed the issues affecting the adjudication for a specific immigration benefit was held to be a true nonlegislative rule, that is, the procedure matched what the agency was trying to accomplish because the guidance document was not whining on its face or apply. the memo itself stated only intended to provide guidance to lower-level adjudicators and the court was able to point to education outcomes that evidenced flexibility in application. i would be remiss if i did not mention the supreme court is considering a challenge to a d.c

one thing but we believe that it would be a mistake to prohibit them from providing the comment rulemaking out of the detail and the certainty to customers and consumers and businesses below the ceiling. in conclusion mr. chairman i look forward to working with you and your committee to ensure that the internet openness of the net neutrality is maintained in defective and of course i welcome your questions. >> thank you and we look forward to working with you as well. i think we have ways to address a lot of what you pointed out and may actually already have but we look forward to working with you. next we go to the executive vice president general counsel of the hispanic media coalition. we are delighted to have you here at the subcommittee as well and we look forward to your testimony. >> thank you for having me back and all of the members of the subcommittee. the open internet as we heard already today is a crucial tool for all people to engage in our democracy, participate in the economy, become better educated and shared their stories. i am pleased the members on both sides of the ais

they say the bill will bring all good rulemaking to a halt. my goodness, it's obamacare all over again. my friends across the aisle haven't read the bill. you have to read the bill to know what's in it. if you read the bill you understand it. you see right there on page 27 quote, the agency shall adopt the least costly rule considered during the rulemaking that meets relevant statutory objectives. take a few key words and what does it say? the agency shall adopt the rule that meets statutory objectives. the rules will still be made and statutory goals will still be met, but they'll be done in a cost-effective way that makes sure that all of the necessary cost saving measures and all of the necessary considerations before imposing new burdens on the american people are taken into account. vote against this motion to recommit. vote for this good job-creating, dollars-saving bill for the american people. the speaker pro tempore: the gentleman yields back the balance of his time. without objection, the previous question is ordered on the motion to

and an environmental impact statement looks, in terms of process, very much like a mini rulemaking.he research that's being done on the impact statement, but you can comment on its quality after it's finished.6fÑé regulatory flexibility act, and this amendment to it, provides special access to rulemaking for small and medium-sized businesses. you may represent people like that. the federal advisory committee act establishes standards for agencies that want to bring together groups of experts in the development of a rule. and then finally the data quality act, which is a constraint on agencies to ensure that they're using the best quality information available scientifically when they write a reg. once again, it's an opportunity çóh(t&háhp &hc% for you to participate in the process and to challenge the agency. now all that means, and many other procedural requirements that are out there, that we don't have time to discuss this morning, means that agencies have found conventional rulemaking increasing difficult to conduct. because of all the requirements they have to meet. so what you

i do believe the fcc ought to be empowered to help flush out rules, provide for notice and rulemaking. the detail and the certainty that businesses and consumers need under congress. if the bill goes forward it is fine but they ought to have the need. >> did you want to try to take a stab at that, mr. powell? >> the denigration of the specialized service this commission has repeatedly held that there is room for the special services even in the 2010 rules. the reason it is an issue is we use the same network for the provision of proprietary services that we build and privately financed and owned a network to deliver. a huge amount of that capacity is reserved and used the paper in the but they were in the business of selling. there is an effort to confiscate the entire platform for the public internet use. what the fcc recognized is that some portion of that infrastructure will always rightfully be available to the incumbent who built the network, delivered the service and innovate for the consumers in and the provision of the service of the business to provide. you have to provide an

that it sulve been suect to notice of comment rulemaking. aninhe loss of tho mentioned were a groupof stat has raisedhis exac challenge ina lawst challenging prident obama's rece immigration execivacon. so in addition to othe challenges such as aassertive olion of the takcare clause, the statesre also rtg ocedural violation de the adinistrative procurac d the gornment hasrgued response thatthe memoranda trulare a properly formulate nonlegislative rue. this administrativ aw aspect of presdent obama's immigrioexutive acti, my point is is nothing new. it'snot nique the presiden to thtis or to migration law. now there is trend in migration w to ce up with names that sybolize the immration lawitother areas of aw ght, the mosfamous ing riinal ageson. the merging the criminal la and immigration la this name is iportant becau it represents weretwo seemingly dirse ars law have intertwined. as much as i would love to coined t term -bad acti don' ally fit y talk toay because whatmy pint is and what iope i leave you with s e idea that one of be talking

a imposes rules on greater transparency and rulemaking. it requires other countries do not discriminate against us or put in policy, like we have seen in india or china, or other places, that say, if you want to sell it here, you have to make here. we want to be able to make a here and sell around the world. that is what we are trying to do. new trade agreements are critical for growth. we have to get a bigger part of the global market and trade goods are how we do it. host: imports and exports in 2014 guest: the's number is probably very similar to what was in 2013. in 2013, we exported about $1.4 trillion. we imported more than that. we have a trade deficit that we can talk about. i'm sure robert and i can have a big discussion about trade deficit numbers. i do not think they tell the whole story. when you look at the apple iphone __ that glass on top, that really costly glass, that comes from the united states. our trade numbers do not say as much is __ as what is really going on. our trade numbers did not grow as much on the export sid

>> the bill, the regulatory act is designed to redesign the guideline for rulemaking in the regular tory process. considering it is 2015, we think taking a good look at how you modernize that is probably appropriate. a bipartisan group agree with cosponsorship. the permanent stream mining should not take 12 or 20 years to get a permit for anything in this country. that is kind of what it has been taking. we modeled it off what they do on the highway side. all comments should be heard and everyone should be considered but that should be a timeline. chemical on and on forever. -- it should not go on and on forever. we think some organizations have taken unfair advantage of a legitimate legal process. they settle, the treasury writes a check and reimburses. this is almost a self funding mechanism for some of those groups. >> the worst part of

i can say and you probably want to answer this is how do we go about that and what is the rulemaking going to be when they talk about uas in that law enforcement arena? >> that's a great question thank you and i think for law enforcement is probably the easiest to solve because you simply say these are the rules for whether or not you can engage with the uas and whether that evidence can be a committed into a hearing because obviously the point upon enforcement is to stop crime and the only way to stop crime is to convict and the only way to to convict is to use admissible evidence so that's pretty simple to say this is not allowed and you have rulemaking and people vote on it. the stickier point is the guy that is not being regulators the hobbyists using the systems to peek into somebody's window and a lot of people have those concerns and they are valid concerns but i would harkin this back to when phone manufacturer starting putting cameras in cell phones. people were very concerned about this. sam song is a matter of fact there was a rule you could not have a camera equipped phon

so the court has said in pickering and other cases that the government, whoever the responsible rulemaking authority is, has much more authority to regulate the speech activities of government employees. >> so florida could regulate the already elected judge when he's running for reelection? >> well, i think -- >> and he could say, we have a rule -- judges don't solicit, period, for charities, for themselves. so we have a judge. he's a state employee. i take it from your answer and in applying pickering to government employee that the sitting judge can be restricted. >> no, i don't think so, your honor, because i think this is speech in a different category any more than the government can say, we're going to use pickering to respect the solicitation speech of a sitting congressman or state legislature. i think it is the election context and the fact that the state has chosen to choose its judges via election that triggers the protections -- >> but, you know, i would think i would think it's just opposite, right, that in a case for federal judges like you say, there's not really much of an

reports to congress, to formal revelatory terminations and a final rule issued after a six-year rulemaking process might not be enough for the epa to make a final determination. those previously passed by the house would resolve these issues promptly and the bills would put authority in the hands of state in terminal regulators and the ability for the epa to step in of states don't do the job. we would like to thank you for this committee's diligence addressing this issue, we believe it is important to keep beneficial use at the forefront of u.s. coal management policy. the best solution is not to dispose. >> thank you very much. the chair now recognizes the chairman of the waste into his group on behalf of the edison waste utilities is a too. >> i am jim rower, the executive director of the utility solid waste activities group. we support epa's decision to regulate coal ash as a nonhazardous waste, decision which is consistent with the rulemaking record and with epa's previous regulatory determinations that coal ash does not want regulation as hazardous waste. epa should develop revelator

rulemaking under president obama's administration has been troubling at best. wyoming is opposing power plant rules. the proposed rules for water of the u.s., as well as many other e.p.a. actions. and we will to do so. wyoming's fight against federal regulatory overreach will not stop. along with the attorney general, along with the support of this body, we must all continue fighting for wyoming. looking back at the past four years, there are some other matter i'll mention. we've reduced the d.d. waiting list. we've undertaken job initiatives, including those -- for those with disabilities. we will continue our work in this area with the employment-first concept. at my direction, the d.f.s. has apoinltsed a statewide homeless coordinator and will create a 10-year plan to address homelessness. we've renewed our focus on suicide prevention with a statewide initiative. regarding worker safety, i support and i appreciate the safety alliances formed by the oil, gas, transportation refinery and construction industries. the state level, we've added new osha safety pos

echo the comments made by the chairman and some of the my colleagues about the concerns about the rulemaking. maybe made a comment about the notice of proposed rule making is expected. we're encouraged about hearing that news. i actually sent a letter to secretary fox concerned about the timeline. of course we want this to be done right. we don't want to jeopardize safety. we're concerned not only about work force development and those challenges of recruiting people into it this industry if we don't have thatfor certainty but new noticed particular challenges because of the lack of certainty of atracktracting capital to the industry. >> absolutely, ma'am. thank you for the question. if i'm investing money in a project like this, i want to know what the go market strategy is, i want to know what the return on investment is. if i don't know when i can fly and when i can pursue some of the commercial opportunities that are out there it's a big burrier. so there's i think -- the fact that there's money flowing in. there's tremendous product being developed. this is a great investment opportunit

contribute and there can be -- we can use technology to sort and weigh and all of those things in the rulemaking process which is a big part of kind of how we govern. >> michael. >> i'd like to add on the topic of immigration reform certainly an area that affects our entire economy, and probably every single industry in this country, and when you look at internet companies, as a whole they're all relatively new companies young, in their development and certainly new to politics and policy and i would argue that when it comes to immigration reform, our companies have done more and certainly more than their share, to push this debate forward, and have it be a constructive conversation and move the ball down the court to get reform done and it's not something that happens in one congress or one year. it's been many years since the last reform was in the '80s, and i think that internet companies deserve a lot of credit for not just picking up the plan tell on what matters most to their intense interests they picked up in up the mantle for what is best for broader reform matters to the general econom

we allow stakeholders from all sides to participate in the rulemaking.hat is the basic american values we want to export. guest: apple will benefit from the supposed transpacific partnership. they will be able to go to new countries and produce the goods using even cheaper labor. all of their products are produced in china currently. china has been growing so fast that wages are rising in china. now, we will enter into an agreement with vietnam __ where the official minimum wage is $.60 per hour. they will be the lowballed competitor and they will be able to play vietnam off of china. there is no talk of bringing production back to united states. we need to look at investment. i have found a big multinational companies, foreign and domestic, are generating a huge stair of u. s. trade deficit. that is the bottom line. host: linda dempsey says a lot of the value of the iphone is derived here in the u. s.. would you agree with that? guest: no. i have done these tear down studies. it can be traced back to a japanese scientist. he looks where the parts were c

as you also may know, this is an issue that has come under a little consternation during the rulemaking process. "the wall street journal," easily reported that cms is essentially change their position or interpretation as many as five times on whether cme payments should be reported. my question for rodney and for the panel -- rodney you may be able to provide context on the congressional intent around the reporting for accredited cme payments. especially considering the unique reporting challenges, considering that firewall is in place to make sure that the medical device manufacturers or the pharmaceutical companies don't have any influence, and they don't know, for example, who the speakers are that are being recruited for those events. how can we overcome these reporting challenges? was there any conversation on the political side and whether those payments should be reported, and are there any other thoughts in the panel about reporting for continual moment -- medical education. >> the conversation is ongoing. we spoke to cms, and folks on the cme side of the world last summer. cm

own platforms, contribute and we can use technology to sort and way and all those things in the rulemaking process which is a big part of how we govern. >> on the topic of immigration reform it affects our entire economy and every single industry in this country. when you look at internet companies as a whole, they are new in their development and new to politics and policy. i would argue that when it comes to immigration reform, our companies have done more, and certainly more than their share to move this debate forward. it's not something that happens in one congress or one year. it has been many years since the last reform. i think internet companies deserve a lot of credit for not just ticking up the mantle on what matters the most to their business interests. they have taken up the share of something that matters to the entire economy. on the general topic of this roundtable, why internet policy matters to startups and companies that are startups of heart, there are a lot of issues . policy makers have to make a decision. are we going to be protectionist and protect industries that h

moreover, it's likely the trains under the rulemaking a significant number of cars that do not contain flammable liquids. we are also concerned about the deadline for deploying positive train control which we've heard a lot about this morning. as you all know this covers tens of thousands of miles of track. and while we are very strong supported efforts to deploy ptc and financial safety, we want to make sure it does not erode the railroads commitment to the common carrier obligation to transport toxic hazardous cargo. the reason for that is rail service is vital to the transportation of anhydrous pneumonia which is used as a drug application fertilizer in the midwest. it's also used in a production many other types of fertilizers and as others have said before today rail is, in fact, the safest transportation option for anhydrous oberlin. we want to make sure that those 30,000 tank cars that are transported annually, want to make sure to continue to have the right to ship over the rails. because it takes for trucks to replace one rail car. that would not be possible to do in a timely

it it was a joint rulemaking progress. it did exempt fanny. they should be treated the same. >> i would hope that whatever role comes out would treat them the same. trying to work her way toward a single security. >> the majority has expired. the chair recognizes the gentleman from north carolina. >> thank you. good to see you again. going going back and forth from your former district. >> congratulations. appreciate your kindness and over the years. i i just want to ask you a few questions. email me fairly well. well. i figured at some.you we will cut me off. >> it seems conflicting actions that you have taken. you suspend and move away from risk-based pricing and at the same time start up upholding reserves of the housing trust fund in allocating lousy. you are conserving capitol and on the other you are moving capitol away from enterprise. reconcile that. >> all i am doing is following the statutes ever written by congress and passed by congress. we're we're trying to do it as judiciously and prudently as we can. i am not even trying to con

the reason is epa rulemaking under hautboys administration has been troubling at best. it is opposing power plant rules as well as other epa actions and will continue to do so. precatory overreach will not stop. along with the support of the body we must continue fighting for wyoming. looking back there are other matters i will mention. we have undertaken in job initiatives including those with disabilities. we will continue our work in this area with the employment first concept for grab my direction it has appointed a homeless were later to create a kid your plan to address homelessness and we have renewed our focus on suicide prevention with a statewide initiative for:with worker safety i supported appreciate the safety alliance for by a real gas refinery and construction industry. at that state level we have created a $500,000 fine for matching grants him we have created a program for those were willing to participate in safety consultations and in addition workforce services has a dual reporting for better analysis for of a job access. in 2013 we had a better year

as you also may know this is an issue that has come under consternation during the rulemaking process. and essentially change their position or interpretation as many as five times whether payments should be reported. my question for rodney and the panel, you may be able to provide context but especially considering the unique reporting challenges considering that that firewall is in place to make sure the medical device manufacturers are pharmaceutical companies do not have any influence and do not know for example through the speakers are being recruited for those events, how can we overcome reporting challenges? with her conversations on the political side about whether those payments should be reported and are their any other thoughts on the panel about reporting for continuing medical education? .. but we right now are in a position that i think cms is moving at an appropriate speed where cme is concerned. we know that they have bounced around a bit and it's challenging because the issue of regulation that says one thing and they pull it back slightly and assess another so "the w

epa rulemaking under the obama administration has been troubling at best. wyoming is proposing the powerplant rules and many other epa actions and will continue to do so. wyoming's fight against federal regulatory overreach will not stop. along with the attorney general, and the support of this body we must all continue to fight for wyoming. looking back at the past four years i will mention other matters. we have reduced the dd waiting list, and undertaken jobs including those with disability. we will continue with the employment first concept. dfs appointed a state-wide homeless cordinator and create a ten year plan to address homelessness. and renewed our focus on suicide prevention. regarding worker's safety i support and appreciate the safety alliances formed by the oil, gas, transportation refine finery and construction industry. we added new osha positions and created a $500,000 fine to match grants for safety equipment and training. created a program to reduce workers compensation premiums for those who attend consolitations. in 2013 we had a better

rulemaking under president obama's administration has been troubling at best. wyoming is opposing power plant rules. the proposed rules for water of the u.s. as well as many other e.p.a. actions. and we will to do so. wyoming's fight against federal regulatory overreach will not stop. along with the attorney general, along with the support of this body, we must all continue fighting for wyoming. looking back at the past four years, there are some other matter i'll mention. we've reduced the d.d. waiting list. we've undertaken job initiatives, including those -- for those with disabilities. we will continue our work in this area with the employment-first concept. at my direction, the d.f.s. has apoinltsed a statewide homeless coordinator and will create a 10-year plan to address homelessness. we've renewed our focus on suicide prevention with a statewide initiative. regarding worker safety, i support and i appreciate the safety alliances formed by the oil, gas transportation, refinery and construction industries. the state level, we've added new osha safety posi

administrative procedure act which is the single statute on the books from 1942 or 46 that guides the rulemaking and regulators in a regulated process. considering it's 2015 we think taking a good look at how you modernize that in today's world is probably appropriate. a bipartisan group of house and senate members agree with is based upon cosponsorship. the permit streamlining it shouldn't take 12, 15 or 20 years to get a permit for anything in this country which is kind of what it's been taking. we've modeled off what they've done on the highway side. so all comments should be heard everybody should be considered but there's got to be a time when we make a decision. this just can't go on and on forever. the third piece of that is to sue and settle gain and this is one where we think some organizations have taken unfair advantage of a legitimate legal process which is called sue the epa. the courts a deferential to epa in this case. they always settle. treasurer writes a check, okay? and then reimburse. this is almost a self-funding mechanism for some of those groups. >> and the worst part of t

from refraining from further approvals until such time as it makes these necessary rulemakings. thank you. >> morning, chairman murkowski, ranking member cantwell, members of the committee. thank you for the opportunity to appear before you this morning. america's natural gas alliance strongly supports s-33 as a means to establish a timely and certain review process for lng export facilities. this will send a strong signal to the investment community and a clear message to our allies and adversaries that the u.s. is determined to play a leadership role in global energy markets. given the sheer magnitude of u.s. shale gas resources, there's no question that our nation can be a global energy leader without sacrificing our domestic advantage. now is the time to seize this opportunity. while some have raised concerns regarding supply and price, the markets and experience speak for itself. as recently as 2009 the u.s. energy information administration forecast that natural gas prices would rise to $13 by 2035. just this last year in 2014 and multiple independent projections and eia p

the amendment would prevent dhs from using formal rulemaking to include the provisional waiver on unlawful presence. these waivers were created by congress in 1996 to help u.s. citizens from avoiding extreme hardship that would result if their close relatives were forced to remain abroad for three or 10 years as part of the process of obtaining a green card. the changes the initiation tends to make took the waiver process would actually bring the waiver more closely in line with the terms of the waiver enacted by congress. the amendment would prevent dhs and the department of defense from taking steps to ensure that u.s. citizens who once served in the military will be permitted to do so notwithstanding the fact they have an undocumented parent, spouse or child. that amendment would prevent dhs from spouses were waiting for a green card to get work permits. it would include work affordability which helps raise wages and reduces exploitation. the amendment would prevent the administration from using its parole authority and national interest waivers. both created by congress to capitalize o

i tend to think of the rulemaking -- writing the standards, or approving them in our case, or approving market rules, as the first phalanx and then enforcement make sure they are complied with. i don't think that is what you lead with, you need to make the rules first and then enforce it. >> this questioner says that traditionally politics has not played much of a role at the commission, even though are there appointees from both political parties. this person says, but that seems to be changing with this debate over the ferc and the epa. does this concern you? is ferc becoming more political? >> well, the vast majority of work that ferc does does not divide along partisan lines. even when we have dissents, or splits between the commissioners, they are not frequently a long party lines. that is good. we are all looking at the law and the record, we might have different views but they are not knee-jerk party views. that is how ferc has been for a long time. when it comes to environmental rules, they tend to be very controversial so this area of our work has become more ideological than s

it would prevent dhs from using formal rulemaking to approve the additional waiver of the three and ten-year unlawful -- [inaudible] to help u.s. citizens from avoiding extreme hardship that would result if their close relatives were forced to remain abroad for three or ten years as part of a process of obtaining a green card. the changes the administration intends to make to the provisional waiver process would wring the waiver more closely -- bring the waiver more closely in line with the terms of the waiver enacted by congress. second from taking steps to insure that u.s. citizens who want to serve in the military will be permitted to do so, notwithstanding the fact that they have an undocumented parent spouse or child and, third, the amendment would prevent dhs from finalizing regulations to permit spouses of h-1b workers who are waiting for a green card to get work authorization themselves. it would also prevent dhs from increasing job portability for h-1b which helps raise wages increase opportunities and reduce exploitation. fourth, the amendment would prevent the administration from

they're very broad grants of rulemaking responsibility and implement tear discretion on the federal agenciestatutes as well. so that's ooh the political and governance trends. as for the scholarly trends here i want to flag something which has been dubbed the national federalism school but it's an interesting central focus of some really interesting federalism scholarship. recently coming out of yale primarily, and what it does is it really argues that in contemporary federalism the entire ball gas are looking at federal and state interaction. that state negotiation with the feds contestation of the national government wiin the bounds of federal programs the kind of powers that states get as a result of the role in national program, that is the reality of federalism today, and that is what we should be focusing on in thinking about federalism. and then a second trend in legal scholarship is on just the details of executive action. the political science scholarship, obviously on executive unilateralism and also in the terms of legal scholarship there. but legal scholarship has also done a lot

understand what they are trying to do, to block out china and to control the trade and some of the rulemakingrocess. but again, it had nothing but a negative effect on our economy and our jobs. host: that is john. let's hear from mary, also from north miami beach. hello. caller: yes, i am a democrat, but independent inker. -- thinker. i like free trade. but i'm a little nervous. i would like to have more opportunity for people to play the market. i'm not ready to talk. i'm sorry. host: that is mary calling us from florida. the story in the wall street journal this morning, taking a look at new drilling opportunities, or federal lands open to drilling. this is amy harder. this also comes as the white house released sectioning off part of the -- part of and more. andrew from ohio, independent line. caller: i'm concerned with the trade of this nation the top 1% of benefit from it. however, i feel that the wage of the average working american has gone down because of free trade. you cannot compete with someone making two dollars and day. i don't care how efficient you are. it is dragging us down

as you also may know, this is an issue that has come under a little consternation during the rulemaking process. "the wall street journal," easily reported that cms is essentially change their position or interpretation as many as five times on whether cme payments should be reported. my question for rodney and for the panel -- rodney you may be able to provide context on the congressional intent around the reporting for accredited cme payments. especially considering the unique reporting challenges, considering that firewall is in place to make sure that the medical device manufacturers or the pharmaceutical companies don't have any influence, and they don't know, for example who the speakers are that are being recruited for those events. how can we overcome these reporting challenges? was there any conversation on the political side and whether those payments should be reported, and are there any other thoughts in the panel about reporting for continual moment -- medical education. >> the conversation is ongoing. we spoke to cms and folks on the cme side of the world last summer. cms

the reason is, simply epa rulemaking under president obama's administration has been troubling at best. wyoming is opposing power plant rules, proposed rules for water of the u.s. as well as many other epa actions and we will continue to do. wyoming's fight against federal regulatory overreach will not stop. along with the attorney general along with the support of this body, we must all continue fighting for wyoming. looking back the past four years, there's other matters i will mention but we will reduce the dd waitress. of undertake job initiatives include those for those with disabilities. we will continue our work in this area with unemployment, the employment first concept. at my direction we have appointed a statewide homeless coordinator and will create a 10 year plan to address homelessness. we have renewed our focus on suicide prevention with a statewide initiative. regarding worker safety, i support and i appreciate the safety alliance is formed by the oil, gas, transportation refinery and construction industries. the state level we've added new osha safety position. we have

but i think -- i tend to think of the rulemaking either writing the standards or approving standards in our case or approving market rules as the first phalanx and then enforcement then makes sure they're complied with. i don't really think that's what you lead with when you're changing something. you need to get the rule first and then enforce it. >> this questioner says that traditionally politics has not played much of a role at the commission even though there are appointees from both political parties. this person says, but that seems to be changing with this debate over the ferc role vis-a-vis the epa. does concern you? -- does this concern you? is ferc just like so many other parts of washington, becoming more political? >> well, the vast majority of work that ferc does does not divide along partisan lines. even when we have dissents or splits between the commissioners, they're not frequently along party lines and that i hi, is good. because -- i think, is good. because we're all looking at the law, looking at the record, but they're not knee-jerk party views in any sense. and