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H.R. 3463 WILL NOW RESUME.
THE CLERK WILL REPORT THE TITLE.
H.R. 3463, A BILL TO
REDUCE FEDERAL SPENDING AND THE
DEFICIT BY TERMINATING TAXPAYER
FINANCING OF PRESIDENTIAL
ELECTION CAMPAIGNS AND PARTY
CONVENTIONS AND BY TERMINATING
THE ELECTION ASSISTANCE
COMMISSION.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM GEORGIA SEEK RECOGNITION?
I HAVE A MOTION TO RECOMMIT
AT THE DESK.
IS THE
GENTLEMAN OPPOSED TO THE BILL?
I AM IN ITS
PRESENTS FORM.
THE
GENTLEMAN QUALIFIES.
MOTION.
THE CLERK WILL REPORT THE
MR. BISHOP OF GEORGIA
MOVES TO RECOMMIT THE BILL H.R.
3463 TO THE COMMITTEE ON HOUSE
ADMINISTRATION WITH INSTRUCTIONS
TO REPORT THE SAME BACK TO THE
HOUSE FORTHWITH WITH THE
FOLLOWING AMENDMENT.
ADD AT THE END OF THE FOLLOWING
NEW SECTION, SECTION 207,
PROTECTIONS FOR ELDERLY,
DISABLED, AND MILITARY VOTERS.
NOTWITHSTANDING ANY PROVISION OF
THIS ACT OR ANY AMENDMENT MADE
BY THIS ACT, TO THE EXTENT THAT
THE ELECTION ASSISTANCE
COMMISSION IS RESPONSIBLE FOR
THE ADMINISTRATION OR
ENFORCEMENT OF ANY OF THE
FOLLOWING PROVISIONS OF LAW AS
OF THE COMMISSION TERMINATION
DATE DESCRIBED IN SECTION
1004-A.
HELP AMERICA VOTE ACT OF 2002,
AS ADDED BY SECTION 201-A ANY
SUCCESSOR TO THE COMMISSION
SHALL REMAIN RESPONSIBLE FOR THE
ADMINISTRATION OR ENFORCEMENT OF
SUCH PROVISIONS AFTER SUCH DATE.
ONE, ANY PROVISION OF LAW
RELATING TO THE RIGHTS OF THE
ELDERLY TO VOTE AND CAST BALLOTS
AND ELECTIONS FOR FEDERAL
OFFICE.
TWO, ANY PROVISION OF LAW
RELATING TO THE RIGHTS OF THE
ELDERLY AND OTHER INDIVIDUALS
WHO ARE REGISTERED TO VOTE IN
ELECTIONS FOR FEDERAL OFFICE TO
OBTAIN ABSENTEE BALLOTS IN SUCH
ELECTIONS.
THREE, ANY PROVISION OF LAW
RELAITYING -- RELATING TO THE
ACCESS OF ELDERLY, DISABLED, OR
OTHER INDIVIDUALS IN POLLING
PLACES IN ELECTIONS FOR FEDERAL
OFFICE, INCLUDING THE AMERICANS
WITH DISABILITIES ACT OF 1990.
FOUR, ANY PROVISION OF LAW
RELATING TO THE PROTECTION OF
THE RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES AND OVERSEAS
CITIZENS TO VOTE AND CAST
BALLOTS IN ELECTIONS FOR FEDERAL
OFFICE, INCLUDING THE UNIFORMED
AND OVERSEAS CITIZENS ABSENTEE
VOTING ACT.
FIVE, ANY OTHER PROVISION OF LAW
RELATING TO THE PROTECTION OF
RIGHT OF CITIZENS OF THE UNITED
STATES TO VOTE IN ELECTIONS FOR
FEDERAL OFFICE, INCLUDING THE
VOTING RIGHTS ACT OF 1965.
GENTLEMAN FROM GEORGIA IS
PURSUANT TO THE RULE, THE
RECOGNIZED FOR FIVE MINUTES IN
SUPPORT OF HIS MOTION.
MR. SPEAKER AND MY
COLLEAGUES, I OFFER A FINAL
AMENDMENT TO THE BILL WHICH IF
ADOPTED WILL NOT KILL THE BILL
OR SEND IT BACK TO COMMITTEE.
INSTEAD, THE BILL WOULD PROCEED
TO FINAL PASSAGE AS AMENDED.
THE PURPOSE OF MY AMENDMENT IS
SIMPLE, IT DEALS WITH ONE OF THE
MOST VALUABLE RIGHTS AS AMERICAN
CITIZENS, IT IS THE RIGHT WHICH
MANY AMERICANS THROUGHOUT THE
COURSE OF OUR HISTORY HAVE SHED
BLOOD, SWEAT, AND TEARS TO
PROTECT, CLG OUR COLLEAGUE, MY
DEAR FRIEND, AND REPRESENTATIVE
JOHN LEWIS OF GEORGIA.
HE MARCHED FROM SELMA TO
MONTGOMERY AND ENDURED BILLY
CLUBS, HORSES, AND TEAR GAS TO
PRESERVE THIS SACRED RIGHT, THE
RIGHT TO WHICH I'M REFERRING IS
THE RIGHT TO VOTE AS ENSHRINED
IN THE 14TH AMENDMENT TO THE
CONSTITUTION AND FURTHER
PROTECTED IN THE LANDMARK VOTING
RIGHTS ACT OF 1965, AND THE HELP
AMERICA VOTE ACT OF 2002 AND
VARIOUS OTHER MEASURES.
TODAY NEARLY FIVE DECADES AFTER
THE VOTING RIGHTS ACT WAS SIGNED
INTO LAW AND NEARLY 10 YEARS
SINCE THE HELP AMERICA VOTE ACT,
THERE IS STILL AN UNPRECEDENTED
ATTACK ON VOTING RIGHTS IN
STATES ACROSS THIS COUNTRY.
YET THE UNDERLYING LEGISLATION
BEFORE THE HOUSE TODAY WOULD
ABOLISH ONE OF THE KEY
PROVISIONS OF THE HELP AMERICA
VOTES ACT, THE ELECTION
ASSISTANCE COMMISSION, WHICH WAS
DESIGNED TO AVOID A REPEAT OF
THE TURMOIL SURROUNDING THE 2000
PRESIDENTIAL ELECTION IN FLORIDA
WHERE PROBLEMS WITH ABSENTEE AND
MILITARY BALLOTS PLAYED A LARGE
ROLE AND LED TO MANY OF THESE
BALLOTS NOT BEING COUNTED.
IF THE COMMISSION IS ABOLISHED
IT WILL UNDERMINE AMERICAN'S
FAITH IN THE INTEGRITY OF OUR
ELECTIONS.
ACCORDING TO THE BRENNAN CENTER
FOR JUSTICE, MORE THAN FIVE
MILLION AMERICANS IN 2012 COULD
BE ADVERSELY-I IMPACTED BY LAWS
THAT TIGHTEN OR -- ADVERSELY
IMPACTED BY LAWS THAT TIGHTEN OR
RESTRICT VOTING THAT WERE PUT
INTO EFFECT JUST THIS YEAR.
THE NUMBERS LARGER THAN THE
MARGIN OF VICTORY IN TWO OF THE
LAST PRESIDENTIAL ELECTIONS.
SENIORS, DISABLED, AND OUR
NATION'S VETERANS ARE NOW BEING
TURNED AWAY FROM THE POLLS FOR
NOT HAVING THE FULL
IDENTIFICATION.
REFORMS LIKE EARLY VOTING AND
SAME-DAY VOTER REGISTRATION ARE
BEING ROLLED BACK.
MR. SPEAKER, THIS SITUATION
SHOULD NOT BE HAPPENING IN THE
UNITED STATES OF AMERICA TODAY.
MY FINAL AMENDMENT THEREFORE IS
SIMPLE.
IT STATES THAT ANY SUCCESSOR TO
THE ELECTION ASSISTANCE
COMMISSION SHALL REMAIN
RESPONSIBLE FOR THE
ADMINISTRATION OR ENFORCEMENT OF
LAWS RELATING TO RIGHTS OF THE
ELDERLY, DISABLED, MEMBERS OF
THE UNIFORMED SERVICES, AND
OVERSEAS CITIZENS TO VOTE AND
CAST BALLOTS IN ELECTIONS OF
FEDERAL OFFICE.
IN SIGNING THE VOTING RIGHTS ACT
OF 1965, PRESIDENT LYNDON
JOHNSON SAID THAT THE VOTE IS
THE MOST POWERFUL INSTRUMENT
EVER DESIGNED BY MAN FOR
BREAKING DOWN INJUSTICE AND
DESTROYING THE TERRIBLE WALLS
WHICH IMPRISON MEN BECAUSE WE
ARE DIFFERENT FROM OTHER MEN.
IF THIS FINAL AMENDMENT IS
APPROVED, WE CAN CONTINUE TO
TEAR DOWN WALLS OF INJUSTICE AND
ENSURE THAT OUR DEMOCRACY IS
OPENED FOR ALL AMERICANS TO
DELIBERATE, TO PARTICIPATE, AND
ENGAGE WITH EACH OTHER.
I URGE MY COLLEAGUES TO VOTE YES
AND I YIELD THE BALANCE OF MY
TIME TO MY COLLEAGUE,
OHIO.
REPRESENTATIVE MARCIA FUDGE OF
I THANK THE GENTLEMAN
FOR YIELDING.
MR. SPEAKER AND MY COLLEAGUES,
THERE IS NO DOUBT THAT A
CONCERTED VOTER SUPPRESSION
EFFORT IS UNDER WAY IN THIS
NATION.
ABOLISHING THE ELECTION
ASSISTANCE COMMISSION, AN AGENCY
CHARGED WITH ENSURING THAT THE
VOTE OF EVERY AMERICAN COUNTS,
IS JUST ANOTHER STEP IN THE
VOTER SUPPRESSION EFFORT AND
WOULD COMPLETELY REMOVE
OVERSIGHT OF THE MOST IMPORTANT
PROCESS IN OUR DEMOCRACY.
DOES IT MAKE SENSE TO REMOVE
OVERSIGHT AT A TIME WHEN
REPUBLICAN-LED LEGISLATURES
ACROSS THIS NATION ARE PASSING
LAWS TO OBSTRUCT VOTING?
IT ABSOLUTELY DOES NOT.
IN THE FIRST THREE QUARTERS OF
2011, 19 NEW STATE LAWS AND TWO
EXECUTIVE ACTIONS WERE ENACTED
TO LIMIT THE ABILITY OF AMERICAN
CITIZENS TO VOTE.
THEY WOULD MAKE IT SIGNIFICANTLY
HARDER FOR MORE THAN FIVE
MILLION ELIGIBLE VOTERS TO CAST
BALLOTS IN 2012.
MANY OF THE BILLS, INCLUDING ONE
SIGNED INTO LAW IN MY HOME STATE
OF OHIO, INCLUDE THE MOST
DRASTIC VOTER RESTRICTIONS SINCE
BEFORE THE VOTING RIGHTS ACT OF
1965.
SENIORS WILL BE DENIED THEIR
RIGHT TO FRANCHISE, THE DISABLED
TO FIND IT MORE DIFFICULT TO
VOTE, MINORITIES AND STUDENTS
WILL FACE MORE CHALLENGES THAN
EVER BEFORE.
SOLDIERS, HONORABLY SERVING OUR
COUNTRY, WILL BE LEFT WITH THEIR
ABSENTEE BALLOTS UNCOUNTED.
AND LET'S NOT FORGET THE PEOPLE
WHO DIED FOR OUR RIGHT TO VOTE.
PEOPLE WERE SLAIN TO CREATE THE
RIGHTS WE ENJOY TODAY.
THIS DETERMINED EFFORT IS REALLY
ABOUT TARGETING A SPECIFIC
OF ELIGIBLE VOTERS TO
CHANGE THE OUTCOME OF THE 2012
ELECTIONS.
PLAIN AND SIMPLE, H.R. 3463 IS
TACTIC.
YET ANOTHER VOTER SUPPRESSION
JOIN ME TODAY IN SUPPORTING THIS
FINAL AMENDMENT TO GUARANTEE THE
RIGHT OF EVERY AMERICAN CITIZEN
TO CAST THEIR VOTE.
I YIELD BACK.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM MISSISSIPPI SEEK
RECOGNITION?
MR. SPEAKER, I RISE
IN OPPOSITION TO THIS MOTION.
THE
GENTLEMAN IS RECOGNIZED FOR FIVE
MINUTES.
MR. SPEAKER, I'M
AMAZED THAT AN ARGUMENT COULD BE
MADE THAT IN ANY WAY THE
ELIMINATION OF THE E.A.C. WOULD
RESULT IN DISENFRANCHISING ANY
VOTER.
WE ALL BELIEVE THAT EVERY PERSON
WHO SHOULD VOTE THAT NEEDS TO
VOTE, THAT'S ALLOWED TO VOTE,
WANTS TO VOTE, SHOULD BE ALLOWED
TO DO SO.
I'D LIKE TO POINT OUT THAT ALL
OF THOSE SPEAKING IN OPPOSITION
THAT WERE HERE IN 2002 WHEN HAVA
PASSED VOTED FOR HAVA, AND IN
HAVA IT CONTAINED THE PROVISION
THE E.A.C. WHICH WAS
ONLY SUPPOSED TO LAST FOR THREE
YEARS.
THIS IS NOT A COMPLICATED LIST
TO DO AWAY WITH THIS.
DOES THAT MEAN WHEN THEY VOTED
FOR THIS IN 2002 THAT THEY WERE
OBVIOUSLY NOT.
TRYING TO DISENFRANCHISE VOTERS?
NO-NO WAY IS THIS INTENDED TO DO
-- IN NO WAY IS THIS INTENDED TO
DO ANYTHING THAN CLEAN UP AN
AGENCY WHICH HAS AN AVERAGE
EMPLOYEE SALARY OF $106,000 A
YEAR, BEEN SUED FOR POLITICAL
DISCRIMINATION, THAT CANNOT BE
CORRECTED BUT NEEDS TO BE
ELIMINATED.
I URGE MY COLLEAGUES TO VOTE
AGAINST THIS MOTION TO RECOMMIT
AND TO SUPPORT THIS BILL.
THE
GENTLEMAN YIELDS BACK.
YIELD BACK.
WITHOUT
OBJECTION, THE PREVIOUS QUESTION
IS ORDERED ON THE MOTION TO
RECOMMIT.
THE QUESTION IS ON THE MOTION.
ALL THOSE IN FAVOR SAY AYE.
THE NOES HAVE IT.
THOSE OPPOSED, NO.
THE MOTION IS NOT AGREED TO.
MR. SPEAKER, I ASK
THE YEAS AND NAYS.
THE
YEAS AND NAYS ARE REQUESTED.
THOSE FAVORING A VOTE BY THE
YEAS AND NAYS WILL RISE.
A SUFFICIENT NUMBER HAVING
ARISEN, THE YEAS AND NAYS ARE
ORDERED.
MEMBERS WILL RECORD THEIR VOTES
BY ELECTRONIC DEVICE.
PURSUANT TO CLAUSE 9 OF RULE 20,
THE CHAIR WILL REDUCE TO FIVE
MINUTES THE MINIMUM TIME FOR ANY
ELECTRONIC VOTE ON THE QUESTION
OF PASSAGE.
NATIONAL CAPTIONING INSTITUTE,
[CAPTIONING MADE POSSIBLE BY THE
INC., IN COOPERATION WITH THE
UNITED STATES HOUSE OF
REPRESENTATIVES.
ANY USE OF THE CLOSED-CAPTIONED
COVERAGE OF THE HOUSE
PROCEEDINGS FOR POLITICAL OR
COMMERCIAL PURPOSES IS EXPRESSLY
PROHIBITED BY THE U.S. HOUSE OF
REPRESENTATIVES.]
ON THIS
VOTE THEYS ARE 190.
THE NAYS ARE -- THE MOTION IS
NOT ADOPTED.
ON THIS
VOTE THE AYES ARE 190.
THE NAYS ARE 236.
THE MOTION IS NOT ADOPTED.
THE QUESTION IS ON THE PASSAGE
OF THE BILL.
THOSE IN FAVOR WILL SAY AYE.
THOSE OPPOSED WILL SAY NO.
THE AYES HAVE IT.
FOR WHAT PURPOSE DOES THE MEMBER
FROM PENNSYLVANIA SEEK
RECOGNITION?
I ASK FOR RECORDED
VOTE.
A
RECORDED VOTE IS REQUESTED.
THOSE FAVORING A RECORDED VOTE
WILL RISE.
A SUFFICIENT NUMBER HAVING
ARISEN, A RECORDED VOTE IS
ORDERED.
MEMBERS WILL RECORD THEIR VOTES
BY ELECTRONIC DEVICE.
THIS IS A FIVE-MINUTE VOTE.
[CAPTIONING MADE POSSIBLE BY THE
NATIONAL CAPTIONING INSTITUTE,
INC., IN COOPERATION WITH THE
REPRESENTATIVES.
UNITED STATES HOUSE OF
ANY USE OF THE CLOSED-CAPTIONED
COVERAGE OF THE HOUSE
PROCEEDINGS FOR POLITICAL OR
COMMERCIAL PURPOSES IS EXPRESSLY
PROHIBITED BY THE U.S. HOUSE OF
REPRESENTATIVES.]
ON
THIS VOTE THE YEAS ARE 235 AND
THE NAYS ARE 190.
THE BILL IS PASSED.
WITHOUT OBJECTION, THE MOTION
TO RECONSIDER IS LAID ON THE
TABLE.
FOR
FROM TEXAS RISE?
WHAT PURPOSE DOES THE GENTLEMAN
MR. SPEAKER, I ASK
UNANIMOUS CONSENT THAT ALL
MEMBERS MAY HAVE FIVE
LEGISLATIVE DAYS TO REVISE AND
EXTEND THEIR REMARKS AND
INCLUDE EXTRANEOUS MATERIALS ON
H.R. 527.
WITHOUT OBJECTION.
PURSUANT TO HOUSE RESOLUTION
477 AND RULE 18, THE CHAIR
DECLARES THE HOUSE IN THE
COMMITTEE OF THE WHOLE HOUSE ON
THE STATE OF THE UNION FOR
527.
CONSIDERATION OF HOUSE -- H.R.
THE CHAIR APPOINTS THE
GENTLEMAN FROM CALIFORNIA, MR.
DENHAM, TO PRESIDE OVER THE
COMMITTEE OF THE WHOLE.
THE HOUSE IS IN THE
COMMITTEE OF THE WHOLE HOUSE ON
THE STATE OF THE UNION FOR THE
CONSIDERATION OF H.R. 527 WHICH
THE CLERK WILL REPORT BY TITLE.
A BILL TO AMEND
CHAPTER 6 OF TITLE 5, UNITED
STATES CODE, COMMONLY KNOWN AS
THE REGULATORY FLEXIBILITY ACT,
TO ENSURE COMPLETE ANALYSIS OF
POTENTIAL IMPACTS ON SMALL
ENTITIES OF RULES, AND FOR
OTHER PURPOSES.
PURSUANT TO THE
RULE, THE BILL IS CONSIDERED AS
READ THE FIRST TIME.
GENERAL DEBATE SHALL BE
CONFINED TO THE BILL AND SHALL
NOT EXCEED ONE HOUR WITH 40
MINUTES EQUALLY DIVIDED BY THE
CHAIR AND RANKING MINORITY
MEMBER OF THE COMMITTEE ON THE
JUDICIARY.
AND 20 MINUTES EQUALLY DIVIDED
AND CONTROLLED BY THE CHAIR AND
RANKING MINORITY MEMBER OF THE
COMMITTEE ON SMALL BUSINESS.
THE GENTLEMAN FROM TEXAS, MR.
SMITH, AND THE GENTLEMAN FROM
MICHIGAN, MR. CONYERS, EACH
WILL CONTROL 20 MINUTES.
THE GENTLEMAN FROM MISSOURI,
GRAVES, AND THE GENTLEMAN
FROM NEW YORK, MS. VELAZQUEZ,
EACH WILL CONTROL 10 MINUTES.
THE CHAIR RECOGNIZES THE
GENTLEMAN FROM TEXAS, MR.
SMITH.
MR. CHAIRMAN, I
YIELD MYSELF SUCH TIME AS I MAY
CONSUME.
WITHOUT OBJECTION.
MR. CHAIRMAN, I
BELIEVE THAT THE HOUSE IS NOT
IN ORDER.
THE HOUSE WILL BE IN
ORDER.
THE GENTLEMAN FROM TEXAS IS
RECOGNIZED.
MR. CHAIRMAN,
AMERICA'S ECONOMIC RECOVERY
REMAINS SLUGGISH WITH THE
UNEMPLOYMENT RATE STILL AT 9%.
JOBS ARE THE KEY TO ECONOMIC
RECOVERY AND SMALL BUSINESSES
JOB CREATORS IN
AMERICA.
A STUDY FROM THE SMALL BUSINESS
ADMINISTRATION FOUND THAT
REGULATIONS COST THE AMERICAN
ECONOMY $1.75 TRILLION ANNUALLY
OR OVER $15,000 PER HOUSEHOLD.
MR. CHAIRMAN, THE HOUSE IS
NOT IN ORDER.
THE GENTLEMAN IS
CORRECT.
THE HOUSE IS NOT IN ORDER.
PLEASE TAKE YOUR DISCUSSIONS
OUTSIDE.
RECOGNIZED.
THE GENTLEMAN FROM TEXAS IS
MR. CHAIRMAN, WHILE
JOB CREATORS SUFFER UNDER THE
WEIGHT OF THESE REGULATIONS,
FEDERAL EMPLOYEES ARE BUSY
WRITING EVEN MORE TO IMPLEMENT
DODD-FRANK.
NEW LAWS LIKE OBAMACARE AND
THE STUDY FOUND THAT THE COST
OF REGULATORY COMPLIANCE IS
DISPROPORTIONATELY HIGHER FOR
SMALL BUSINESSES.
THIS HURTS THEIR ABILITY TO
CREATE JOBS FOR AMERICANS.
GALLUP POLL FOUND
THAT SMALL BUSINESS OWNERS SAID
THAT, QUOTE, COMPLYING WITH
FEDERAL REGULATIONS, END QUOTE,
IS THE MOST IMPORTANT PROBLEM
THEY FACE.
ON FEBRUARY 8, 2011, I
INTRODUCED H.R. 527, THE
REGULATORY FLEXIBILITY
IMPROVEMENTS ACT OF 2011, TO
PROVIDE URGENTLY NEEDED HELP TO
SMALL BUSINESSES.
MR. GRAVES AND MR. COBLE ARE
ORIGINAL CO-SPONSORS LOOK WITH
THE BILL'S 24 ADDITIONAL
CO-SPONSORS.
THIS BILL PRIMARILY REINFORCES
THE REGULATORY FLEXIBILITY ACT
OF 1980 AND THE SMALL BUSINESS
REGULATORY ENFORCEMENT AND
FAIRNESS ACT OF 1986.
IT ONLY REQUIRES AGENCIES TO DO
WHAT CURRENT LAW AND COMMON
SENSE DICTATE THEY SHOULD BE
DOING.
CURRENT LAW REQUIRES AGENCIES
TO PREPARE A REGULATORY
FLEXIBILITY ANALYSIS SO
AGENCIES WILL KNOW HOW IT
AFFECTS SMALL BUSINESSES BEFORE
IT IS ADOPTED.
BUT THE GOVERNMENT
ACCOUNTABILITY OFFICE HAS FOUND
IN NUMEROUS STUDIES THAT
ARE NOT ALWAYS
ADHERING TO THESE LAWS.
FOR EXAMPLE, CURRENT LAW ALLOWS
AN AGENCY TO AVOID PREPARING
REGULATORY FLEXIBILITY ANALYSIS
IF THE AGENCY HEAD CERTIFIES
THAT THE NEW RULE WILL NOT HAVE
A SIGNIFICANT ECONOMIC IMPACT
ON A SUBSTANTIAL NUMBER OF
SMALL BUSINESSES.
BUT THESE TERMS ARE NOT DEFINED
IN THE LAW AND AGENCIES
ROUTINELY TAKE ADVANTAGE OF
THIS AND FAIL TO PREPARE ANY
ANALYSIS.
THE BILL FIXES THIS PROBLEM BY
REQUIRING THE SMALL BUSINESS
ADMINISTRATION TO DEFINE THESE
TERMS UNIFORMERLY FOR ALL
AGENCIES.
IT REQUIRES ALL AGENCIES TO
JUSTIFY A CERTIFICATION IN
DETAIL AND TO GIVE THE LEGAL
AND FACTUAL GROUNDS FOR THE
CERTIFICATION.
AND THIS BILL RESTRICTS
AGENCIES THE ABILITY TO WAIVE
THE FLEXIBILITY ACT'S
REQUIREMENTS.
THE LEGISLATION ALSO REQUIRES
AGENCIES TO DOCUMENT ALL
ECONOMIC IMPACTS, DIRECT AND
NEW REGULATION
COULD HAVE ON SMALL BUSINESSES.
AGENCIES ALREADY MUST ACCOUNT
FOR INDIRECT ECONOMIC IMPACTS
ON THE NATIONAL ENVIRONMENTAL
POLICY ACT.
SMALL BUSINESSES DESERVE THE
SAME LEVEL OF SCRUTINY.
THIS BILL ASSURES THAT SMALL
BUSINESSES WILL HAVE A VOICE IN
THE REGULATORY PROCESS.
CURRENTLY ONLY THREE AGENCIES,
THEY MUST CONSULT WITH SMALL
BUSINESS ADVOCACY REVIEW PANELS
BEFORE ISSUING NEW MAJOR
REGULATIONS.
BUILDING ON THIS, THE BILL
REQUIRES ALL AGENCIES TO USE
ADVOCACY REVIEW PANELS.
EQUALLY IMPORTANT, THIS BILL
STRENGTHENS REQUIREMENTS THAT
AGENCIES REVIEW AND IMPROVE
EXISTING REGULATIONS WHENEVER
POSSIBLE TO LOWER THE BURDEN ON
SMALL BUSINESS.
IT ENHANCES THE SMALL BUSINESS
ADMINISTRATION'S ABILITY TO
COMMENT ON AND HELP SHAPE MAJOR
RULES.
IS
UNIFORMALLY IMPLEMENTED SO THEY
CAN'T INTERPRET THEIR WAY OUT
OF ITS REQUIREMENTS AND THE
BILL IMPROVES JUDICIAL REVIEW.
SOME CRITICS OF REGULATORY
REFORM MAY CLAIM THIS BILL
UNDERMINES AGENCIES' ABILITY TO
ISSUE NEW REGULATIONS.
ON THE CONTRARY, THE BILL ONLY
STRENGTHENS THE EXISTING LAW
WITH CAREFULLY TAILORED
COMMONSENSE REFORMS.
ESPECIALLY IN LIGHT OF CURRENT
ECONOMIC CONDITIONS, THIS BILL
IS A TIMELY AND LOGICAL STEP TO
PROTECT SMALL BUSINESSES FROM
OVERREGULATION.
LIKE THE REGULATORY FLEXIBILITY
ACT OF 1980 AND THE SMALL
BUSINESS REGULATORY ENFORCEMENT
FAIRNESS ACT OF 1996, THE
REGULATORY FLEXIBILITY
IMPROVEMENTS ACT OF 2011
REGULARS THAT -- RECOGNIZES
THAT IT DEPENDS ON JOB
CREATORS, NOT REGULATORS.
FOOTING.
THE ECONOMY IS ALREADY ON SHAKY
IT IS MORE IMPORTANT THAN EVER
FOR REGULATORS TO LOOK BEFORE
THEY LEAP TO IMPOSE MORE
REGULATIONS.
I URGE MY COLLEAGUES TO SUPPORT
BILL, AND I'LL RESERVE THE
BALANCE OF MY TIME.
THE GENTLEMAN
RESERVES.
RECOGNIZED.
THE GENTLEMAN FROM MICHIGAN IS
MR. SPEAKER, I
YIELD MYSELF SUCH TIME AS I MAY
CONSUME.
THE GENTLEMAN IS
RECOGNIZED.
THANK YOU.
I WOULD JUST LIKE TO POINT OUT
THAT THE CRANE STUDY REFERRED
TO ALREADY BY THE DISTINGUISHED
CHAIRMAN OF THE COMMITTEE
APPARENTLY HASN'T FOUND OUT
THAT IT'S BEEN HELD IN ERROR IN
A NUMBER OF WAYS, BUT MOSTLY BY
THE CRANE STUDY PEOPLE
THEMSELVES WHO SAID THAT THEIR
ANALYSIS WAS NOT MEANT TO BE A
DECISIONMAKING TOOL FOR
LAWMAKERS OR FEDERAL REGULATORY
AGENCIES TO USE IN CHOOSING THE
RIGHT LEVEL OF REGULATION.
IN OTHER WORDS, THE STUDY IS
FLAWED BECAUSE IT FAILS TO
ACCOUNT FOR ANY BENEFITS OF
REGULATION SO THAT I -- I WANT
EVERYBODY TO FEEL THAT THIS
CORRECTION ABOUT $1.75 TRILLION
HAS BEEN THOROUGHLY DEBUNKED BY
NOT ONLY C.R.S. BUT OTHER
AUTHORITIES AS WELL.
NOW, THIS DEBATE FOLLOWS A
NUMBER OF PIECES OF LEGISLATION
THAT WE ARE CONSIDERING.
IT'S SORT OF A REGULATION TIDAL
WAVE OR ANTI-REGULATION TIDAL
WAVE.
H.R. 310, REGULATORY
10, WHICH
WE WILL SEE SOON, THE RAINES
ACT, AND H.R. 527, THE BILL
BEFORE US NOW, THE REGULATORY
FLEXIBILITY IMPROVEMENTS ACT.
NOW, IT'S STRANGE TO SAY THAT
THIS TRIO OF SAFETY-KILLING
LEGISLATION WOULD MAKE IT
HARDER TO CONTROL AND MAKE SAFE
OUR PRODUCTS THAT WE COUNT ON.
UNDER THE LAW PRESENTLY,
RULEMAKING MUST MAKE AN
ANALYSIS FOR EVERY NEW RULE
THAT WOULD HAVE SIGNIFICANT
ECONOMIC IMPACT ON SMALL
BUSINESSES.
AMONG OTHER THINGS THE BILL
WOULD REPEAL THE AUTHORITY THAT
ALLOWS THE AGENCY TO WAIVE OR
DELAY THIS ANALYSIS IN RESPONSE
TO EVEN AN EMERGENCY.
IT'S HARD TO IMAGINE HOW THE
BILL UNDER CONSIDERATION WOULD
MAKE REGULATIONS MORE CUMBERSOME
, WOULD TAKE LONGER, WOULD RISK
NATIONAL EMERGENCIES AND WOULD
LOSE A LOT OF THE SAFETY AND
HEALTH PROTECTIONS THAT WE NOW
ENJOY.
I FEEL THAT THERE HASN'T BEEN
CAREFUL CONSIDERATION OF WHAT
THE REAL FINAL GOAL IS.
STREET JOURNAL",
NO ENEMY OF BIG BUSINESS, SAID,
AND QUOTE, THE MAIN REASON
UNITED STATES COMPANIES ARE
RELUCTANT TO STEP UP HIRING IS
SCANT DEMAND RATHER THAN
UNCERTAINTY OVER GOVERNMENT
POLICIES.
AND SO EVEN THE BUSINESS
COMMUNITY RECOGNIZES THAT THE
BIG PROBLEM ABOUT OUR ECONOMY IS
NOT THAT RULES ARE TYING UP
BUSINESSES BUT THAT WE DON'T
HAVE ENOUGH PEOPLE BUYING
BECAUSE THEY DON'T HAVE ENOUGH
JOBS.
TO CREATE THE DEMAND.
AND SO WHAT WE ARE DOING HERE
TODAY, IF YOU EXAMINE IT
CAREFULLY, AS MANY ON OUR
COMMITTEE ON THE JIRNARY HAVE
DONE, YOU WILL FIND -- JUDICIARY
HAVE DONE, YOU WILL FIND THAT
THE SAFETY STANDARDS OF WHICH WE
OF ARE
GOING TO BE COMPROMISED IN A
VERY EMBARRASSING WAY.
REGULATIONS DON'T KILL JOBS,
THEY SAVE LIVES.
THERE ARE PLANS UNDER WAY, THIS
IS ONE OF THEM, HERE IN THE
HOUSE TO UNDERMINE THE
REGULATORY PROCESS THAT
GUARANTEES THE HEALTH AND THE
SAFETY OF MILLIONS OF AMERICANS.
I URGE ALL OF THE MEMBERS OF THE
HOUSE TO CAREFULLY CONSIDER THE
DIRECTION OF THIS BILL AND I
RESERVE THE BALANCE OF MY TIME.
THE GENTLEMAN
RESERVES.
RECOGNIZED.
THE GENTLEMAN FROM TEXAS IS
MR. CHAIRMAN, I YIELD
FIVE MINUTES TO THE GENTLEMAN
FROM NORTH CAROLINA, MR. COBURN,
WHO IS THE CHAIRMAN OF THE
COURTS, COMMERCIAL AND
ADMINISTRATIVE LAW SUBCOMMITTEE
OF THE JUDICIARY COMMITTEE.
THE GENTLEMAN FROM
NORTH CAROLINA IS RECOGNIZED.
KOBE KOBE MR. CHAIRMAN, I THANK
THE GENTLEMAN FROM TEXAS, MR.
SMITH, FOR HAVING YIELDED TO ME.
--
MR. CHAIRMAN, THOSE WHO OPPOSE
MR. SPEAKER, THOSE
WHO OPPOSE H.R. 527 INSIST THAT
THOSE OF US WHO SUPPORT IT ARE
HEALTH STANDARDS.
WELL TO -- WILLING TO COMPROMISE
SUCH CRITICISM IS NOT JUSTIFIED.
WE SIMPLY ARE REFINING THE
PROCESS.
EXCESSIVE REGULATIONS AND BAD
REGULATIONS SERVE NO GOOD
PURPOSE.
MY DISTRICT IS NOT UNLIKE MANY
OTHERS.
WE'RE STILL SUFFERING FROM THE
RECESSION AND WHILE WE ONCE
CLAIMED MANY MANUFACTURING AND
OUR MANUFACTURING HAS EITHER
PRODUCING DISTINCTIONS, MUCH OF
DISAPPEARED OR GONE TO OTHER
PLACES.
BAD REGULATIONS DON'T HELP
MATTERS, THEY CREATE UNNECESSARY
COSTS, UNCERTAINTY FOR EMPLOYERS
AND DO NOT IMPROVE PUBLIC HEALTH
OR SAFETY AND THEY ARE
PARTICULARLY BURDENSOME FOR
SMALL BUSINESSES.
TWO CRITICAL LAWS THAT HELP
ENSURE REGULATORS WILL TAKE INTO
ACCOUNT THE IMPACT OF PROPOSED
REGULATIONS ON SMALL BUSINESSES
ARE THE REGULATORY FLEXIBILITY
ACT AND THE SMALL BUSINESS
REGULATORY ENFORCEMENT FAIRNESS
ACT.
AND IN ESSENCE THESE LAWS
REQUIRE AGENCIES TO CONDUCT
IMPACT ANALYSIS OF PROPOSED
RULES ON SMALL BUSINESSES.
UNFORTUNATELY REGULATORS
ROUTINELY UTILIZE WAIVERS AND
EXCEPTIONS FOR BOTH LAWS AND
PROMULGATE REGULATIONS WITHOUT
TAKING INTO ACCOUNT THEIR
ECONOMIC IMPACT ON SMALL
BUSINESSES.
THE REGULATORY FLEXIBILITY ACT
AND THE SMALL BUSINESS
REGULATORY ENFORCEMENT FAIRNESS
ACT DO NOT BLOCK THE FLOW OF
FEDERAL REGULATIONS.
THEY RATHER HELP GUIDE IT.
WE NEED REGULATIONS AND SMALL
BUSINESSES NEED REGULATIONS BUT
THE REGULATIONS MUST BE
EFFECTIVE AND EFFICIENT OR THEY
CAN DO MORE HARM THAN GOOD.
H.R. 5274 IMPROVE REGULATION BY
REQUIRING AGENCIES TO CONDUCT
ECONOMIC IMPACT ANALYSIS OF
PROPOSED REGULATIONS ON SMALL
BUSINESSES BEFORE THEY ARE
IMPLEMENTED.
IN DOING SO, IT WILL ENHANCE THE
BASIC REQUIREMENTS OF THE
REGULATORY FLEXIBILITY ACT AND
THE SMALL BUSINESS ENFORCEMENT
FAIRNESS ACT AND EXTEND THE
ADVOCACY REVIEW PANEL
REQUIREMENTS TO ALL AGENCIES
INCLUDING ALL OF THE INDEPENDENT
AGENCIES.
THE ADMINISTRATIVE PROCEDURES
ACT WAS NOT INTENDED TO CREATE A
REGIME WHEREBY EXECUTIVE
AGENCIES COULD -- WOULD
IMPLEMENT REGULATIONS WITHOUT
RECOURSE.
FORTUNATELY, THOUGH COUNTLESS
SITUATIONS WHERE AGENCIES HAVE
IMPLEMENTED RULES AND
REGULATIONS THAT ARE UNNECESSARY
, REDUNDANT OR UNJUST FIDE
FINALLY COSTLY.
H.R. 527 WILL HELP ENSURE THAT
AGENCIES DO NOT OVERLOOK THE
CRITICAL INTERESTS OF SMALL
BUSINESSES AND HELP PREVENT
AGENCIES FROM PROMULGATING
REGULATIONS.
FINALLY THE CONGRESSIONAL BUDGET
OFFICE ESTIMATES THAT H.R. 527
WILL COST $80 MILLION BETWEEN
2011 AND 2016.
ALL OF THAT MAY NOT BE A
QUANTIFIABLE MEANS TO ASSESS THE
OF H.R. 527 FROM THE
PROSPECTIVE OF A SMALL BUSINESS,
THEY ARE INDEED PRICELESS.
ALSO, IT'S IMPORTANT TO KNOW
THAT AMONG MANY OTHERS, THE
NATIONAL TAXPAYERS UNION, THE
NATIONAL ASSOCIATION OF
INDEPENDENT BUSINESS, THE UNITED
STATES CHAMBER OF COMMERCE AND
THE NATIONAL ASSOCIATION OF
MANUFACTURERS HAVE ENDORSED H.R.
527.
H.R. 527 IS CRITICAL FOR SMALL
BUSINESSES, MR. CHAIRMAN, AND
WILL NOT IMPEDE THE ABILITY OF
AGENCIES TO PROMULGATE
REGULATIONS.
THIS IS GOOD GOVERNMENT
LEGISLATION, WE DO NOT NEED MORE
REGULATION, WE NEED BETTER
REGULATIONS, WHICH IS EXACTLY
WHAT H.R. 527 WILL ACHIEVE AND I
URGE SUPPORT AND FINAL PASSAGE
OF THIS BILL AND THANK THE
GENTLEMAN FROM TEXAS AGAIN FOR
HAVING YIELDED AND I YIELD BACK.
THE GENTLEMAN YIELDS
BACK.
THE GENTLEMAN FROM MICHIGAN IS
RECOGNIZED.
MR. SPEAKER, I'M
PLEASED TO YIELD TO THE RANKING