In effect. the prevalence requirement will discourage the FTC from issuing rules where no demon. strated need to regulate exists. Another rulemaking reform which I believe should be included in this bill is a legislative review procedure for FTC rules. Since the Supreme Courts decision in Immigration and Naturalization Service Versus Chadha held legislative veto unconstitutional. rules issued by the Commission have not been subject to legislative review and veto. Given the breadth of the Commissions jurisdiction to regulate. 1 believe it imperative that an effective and workable legislative review devise be incorporated in law. While section 8 of the bill would provide for a 90day congressional review and. when appropriate. disapproval of FTC rules through the passage of a joint resolution. the provision is a paper tiger.
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