ALEC Hard Science Resolution Exposed

The ALEC Hard Science Resolution was adopted by the International and Federal Relations Task Force and approved by the ALEC Board of Directors on September 16, 2011. A nearly identical bill is available on ALEC.org, language removed from the original draft bill is indicated with strikethrough text, additions are given in bold. (Accessed June 15, 2016).

ALEC Bill Text

Summary

Free-market economies are the best method of ensuring quality products for consumers while providing goods at the lowest cost, but unnecessary regulations can encroach on this process. Ideally, regulations passed by nations should be limited to only those based on hard scientific fact to ensure the clarity and purpose of such acts. This limits the arbitrariness of regulations that lead to ever increasing disputes brought before the World Trade Organization, and harms consumers and businesses in the form of increased costs for goods and uncertainty in the marketplace.

This resolution seeks to: cut down on harmful regulations that create economic uncertainty and drive up costs for businesses and consumers; require that any regulation have a strict and absolute basis in hard scientific fact, i.e. natural, physical, and computer sciences; and end the tidal wave of WTO disputes that continue to arise from arbitrary and imprecise regulations that harm free-market competition and consumers. If done prudently, these measures will not lead to decreased product safety or lower quality goods.

Additionally, this resolution urges G-20 nations to limit regulations to only those based on solid and quantifiable scientific evidence. This will limit the arbitrariness of regulations, removing market uncertainty for businesses and consumers. Product quality and safety will remain the same, or even increase, however as regulations will be based only on quantifiable fact rather than market limiting encroachments by anti-free-market laws. It will also prevent trade law from being used to promote social reform.

Model Resolution

WHEREAS, the American Legal Exchange Council (ALEC) recognizes that the Jeffersonian principle of free markets is essential to a nation’s sustainable economic success; and

WHEREAS, when governments impose on the free market for anything besides a strictly commercial purpose, like breaking up monopolies, they take away the benefits of the free market; and

WHEREAS, such regulations not only harm the domestic free market, but the international market as well, in many cases discriminating against foreign products in favor of domestic products; and

WHEREAS, many industries and consumers face the threat of arbitrary regulations, as evidenced by the avalanche of WTO disputes on regulations on all types of products, from oil to computer equipment to beef; and

WHEREAS, if a regulation is considered to be necessary, it should be justified at the highest level, namely science; and

WHEREAS, a scientific standard already underlies the international trade framework, which requires risk assessments based on science for any technical barriers to trade imposed by a member nation; and

WHEREAS, the science underlying any regulation should be based on quantifiable data that is objective and relies on the scientific method; and

WHEREAS, only natural, physical and computer sciences, i.e. the hard sciences, provide that type of rigor;

NOW THEREFORE, BE IT RESOLVED that ALEC urges legislatures and executives around the world to base regulatory policy the legislature of [INSERT STATE] urges that policies enacted in this country and around the world be based on hard science and to eschew that regulation that falls below this standard; standard be rejected; and

BE IT FURTHER RESOLVED that the legislature of [INSERT STATE] urges executives around the world to base regulatory policy on hard science and to eschew regulation that falls below this standard; and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to legislators and executives across the globe. relevant officials in the G-20 nations.