I thank the gentleman, the distinguished ranking member, for yielding the time. Mr. Chairman, I would almost attempt to bring back ``Swanee River,'' or some old song that reflects ``here we go again.'' This is a bill that has been…
I thank the gentleman, the distinguished ranking member, for yielding the time.
Mr. Chairman, I would almost attempt to bring back ``Swanee River,'' or some old song that reflects ``here we go again.''
This is a bill that has been recycled. It has been recycled and it has been recycled. I believe the underlying premise of the bill is contrary to the values of the American people. This is proposed as a Regulatory Accountability Act to generate jobs and opportunity. I rise in opposition to a bill that stymies progress, hinders clean water and clean air, and provides mountainous obstacles to the national security of America.
What is the underlying premise of H.R. 185? The underlying premise of this bill is to require 70 new analytical requirements to the Administrative Procedure Act, and it requires Federal agencies to conduct an estimate of all indirect costs and benefits of proposed rules and all potential alternatives without providing any definition of what constitutes or does not constitute an indirect cost.
Mr. Chairman, is there logic to saying that you are streamlining the APA process when you are adding a mountainous, tall, multifloor skyscraper of requirements? Is it accurate to suggest that you are making the process better when you are causing agencies of varying sizes already suffering from the restraints of the budget-cutting process of my friends on the other side of the aisle, are you suggesting that they can then analyze indirect costs and actually save money?
We live in a climate and an era of difficult times. As a member of the Homeland Security Subcommittee, as our Secretary of Homeland Security has said, these are dangerous times. We have already indicated our sympathy for the people of France and viewed it as a wake-up call. Do you realize that some of the agencies facing this crisis will be Homeland Security, Health and Human Services? Does anyone recall the tragedy of Ebola and how quickly action was needed?
This undermines the integrity of the process by increasing the procedural burdens for Federal agencies when they try to carry out their mandates. In fact, this is not helpful when we entrust our agency personnel to help protect the American people against threats near and far.
So, Mr. Chairman, I am asking the question: What are we saving here?
What money are we saving? Why are we undermining the very protection of this Nation?
Again, the Clean Air Act, the Clean Water Act, the Occupational Safety and Health Act, the Consumer Product Safety Improvement Act, and, again, homeland security, all of these very important elements of safety for the American people will be undermined by H.R. 185. Today, Mr. Chairman, I ask my colleagues to stand on the side of the American people and vigorously oppose H.R. 185.
Mr. Chair, I rise in opposition to H.R. 185, the Regulatory Accountability Act of 2015.
This bill modifies the federal rule-making process by codifying many requirements included in presidential executive orders and requiring agencies to consider numerous new criteria when issuing rules, including alternatives to any rule proposal, the scope of the problem that the rule is meant to address, and potential costs and benefits of the proposal and alternatives.
In essence though--this H.R. 185 only adds to the procedural burdens of federal agencies--making it harder for them to effectively carry out their missions.
The Regulatory Accountability Act:
Creates confusion and delay by adding over 70 new analytical requirements to the Administrative Procedure Act and requires federal agencies to conduct an estimate of all the ``indirect'' costs and benefits of proposed rules and all potential alternatives without providing any definition of what constitutes or does not constitute an indirect cost.
Mr. Chair, the tragedy last week in France was a wake-up call--and we simply cannot delay, obfuscate, and slow down the regulatory process.
Slows down the rulemaking process by significantly increasing the demands on already constrained agency resources to produce the analysis and findings that would be required to finalize any new rule.
Undermines the integrity of the process by increasing the procedural burdens for federal agencies when they try to carry out their mandates. Mr. Chair, this is not helpful legislation when we entrust our agency personnel to help protect the American people against threats near and far such as franchise terrorism, keep our water clean, and our food safe.
Allows any interested person has the ability to petition the agency to hold a public hearing on any ``genuinely disputed'' scientific or factual conclusions underlying the proposed rule.
hinders the production of guidance documents
``Super-mandates'' cost-benefit analysis measures for major guidance documents. In addition it makes it much harder for agencies to issue guidance, thus leading to increased regulatory uncertainty.
Provides regulated industries and companies multiple opportunities to challenge agency data and science and thus further stretch out the already lengthy rulemaking process--again--undermining the process.
makes the least costly rule the default choice
Requires that an agency default to the ``least costly'' rule unless it can demonstrate--out of all the possible alternative rules--that additional benefits justify any additional costs and offer a public health, safety, environmental, or welfare justification clearly drawn from the authorizing statute including such critical measures as the Clean Air Act, the Clean Water Act, the Occupational Safety and Health Act, and the Consumer Product Safety Improvement Act.
expands judicial review of agency judgments
This bill discourages agencies from rulemaking and from being able to do their jobs because judges are emboldened to substitute their own opinions for the findings of agencies.
Expands the scope of judicial review.
The Regulatory Accountability Act is designed to further obstruct and hinder rulemaking rather than improve the regulatory process.
Mr. Chair, I urge my colleagues to VOTE AGAINST the Regulatory Accountability Act and ensure that progress is not thwarted and government operations not unnecessarily delayed by this legislation.
Mr. Chair, I have an amendment at the desk.
Mr. Chair, let me thank the chairman and rise to support the Jackson Lee amendment with a little journey down memory lane of just a few days ago.
Just a few days ago in northern Nigeria, a heinous terrorist group by the name of Boko Haram killed 2,000 people. Pillaging and killing has been their mantra, their definition.
A few days before that, we watched in horror as three terrorists killed 17 people in the nation state of France, our ally for many, many, many years--our partner, if you will, in the virtues of liberty and democracy.
My amendment speaks to the diminishing impact that this present legislation would have on the security of our Nation. My amendment simply asks that those issues dealing with Homeland Security be exempted from this rule.
The rule itself causes there to be some 70 particulars that have to be met when rulemaking begins. Can you imagine subjecting national security to that kind of criteria?
As indicated, this bill modifies a Federal regulatory or rulemaking process by codifying many requirements included in Presidential executive orders and requiring agencies to consider numerous new criteria when issuing rules, including alternatives to any rule. We mentioned that in my earlier discussion.
My amendment would simply exempt from the bill's congressional approval requirement any rule promulgated by the Department of Homeland Security.
As a senior member of the Committee on Homeland Security, having served previously as the ranking member of the Subcommittee on Border and Maritime Security, I am concerned about legislation that throws a monkey wrench in the footsteps of Customs and Border Protection, Border Patrol, ICE, the Coast Guard, Secret Service, and many others.
I am concerned when our Secretary of Homeland Security indicates that we live in dangerous times and, therefore, calling upon America not just to see something and say something, but to be conscious of these dangerous times.
Can you imagine the necessity of a rulemaking that then must be burdened with 70 new levels of criteria defining the budget analysis or cost benefit?
Yes, Mr. Chairman, I do think we have oversight responsibilities, and I do think that we should be responsible in those oversight responsibilities and fiscally conservative or fiscally responsible, but I do not think that this legislation that has come to us time and time again and obviously failed is any answer to what we are trying to do.
Let me, first of all, say that this bill does not do as the Constitution has asked, and that is the ``We, the people of the United States, in order to form a more perfect Union'' in the beginning of our Constitution.
This does not adhere to that, and I would ask my colleagues to support the Jackson Lee amendment.
I reserve the balance of my time.
Mr. Chair, how much time do I have remaining?
Mr. Chair, I yield 1 minute to the distinguished gentleman from Michigan (Mr. Conyers).
Mr. Chair, I yield myself the remaining time.
Sally Katzen, formerly of the Obama and Clinton administration, mentioned how valuable regulations can be to helping the American people.
This is an impediment. I don't want to impede a regulatory scheme to help with cybersecurity; I don't want to impede the Coast Guard if it has intelligence about an attack on the Houston port with some regulatory scheme that doesn't allow it to move forward or to be able to address that question.
What we are suggesting is there are obstacles being put in front of national security. I ask that you support this amendment by exempting the Department of Homeland Security that is entrusted with the security, domestic security of the United States of America.
I would ask my colleagues to support the Jackson Lee amendment.
Mr. Chair, I have an amendment at the desk.
What Does the Regulatory Accountability Act Do?
This bill modifies the federal rule-making process by codifying many requirements included in presidential executive orders and requiring agencies to consider numerous new criteria when issuing rules, including alternatives to any rule proposal, the scope of the problem that the rule is meant to address, and potential costs and benefits of the proposal and alternatives.
In addition, the measure creates statutory thresholds for regulations to be deemed ``major'' rules and ``high impact'' rules--i.e., rules likely to cost more than $100 million or $1 billion a year--and requires that these rules proposals be subject to additional criteria and procedural steps.
What Does the Amendment Do?
My amendment would exempt from the bill's Congressional approval requirement any rule
promulgated by the Department of Homeland Security.
As a Senior Member of the Homeland Security and Ranking Member of the Border and Maritime Security Subcommittee, I am very concerned about any legislation that would hinder the Department of Homeland Security's ability to respond to emergencies.
The bill would add new review requirements to an already long and complicated process, allowing special interest lobbyists to second- guess the work of respected scientists and staff through legal challenges, sparking a wave of litigation that would add more costs and delays to the rulemaking process, potentially putting the lives, health and safety of millions of Americans at risk.
The Department of Homeland Security simply does not have the time to be hindered by frivolous and unnecessary litigation, especially when the safety and security of the American people are at risk.
According to a study conducted by the Economic Policy Institute, public protections and regulations ``do not tend to significantly impede job creation'', and furthermore, over the course of the last several decades, the benefits of federal regulations have significantly outweighed their costs.
In our post 9/11 climate, homeland security continues to be a top priority for our nation. As we continue to face threats from enemies foreign and domestic, we must ensure that we are doing all we can to protect our country. DHS cannot react to the constantly changing threat landscape effectively if they are subject to this bill.
Professor Sally Katzen, a former Obama and Clinton Administration official, discussed the benefits of regulation which an agency like the Department of Homeland Security demonstrates, and that is brought home by the tragic events in Nigeria and France, where terrorists struck with horrible efficiency last week. Professor Katzen stated:
Moreover, while we hear a lot about the costs of
regulation, we rarely hear about the benefits of regulation--
for example, improving our health or the air we breathe or
the water we drink protecting our safety in our homes, our
automobiles, or our workplaces; or increasing the efficiency
of our markets.
Those who embrace cost/benefit analysis should speak to the
benefits as well as the costs of regulation. Here, there are
data--incomplete as they may be--which clearly show that the
benefits of rules issued during the Obama Administration have
been substantially greater than the costs of those rules. For
example, the 2012 Report to Congress on the Benefits and
Costs of Federal Regulations showed that for FY2011 (the most
recent fiscal year for which data are available), the rules
``were estimated to result in a total of $34.3 billion to
$89.5 billion in annual benefits and $5.0 billion to $10.1
billion in annual costs.
And make no mistake about Mr. Chair, the Department of Homeland Security is tasked with a wide variety of duties under its mission. One example of an instance where DHS may have to act quickly to establish new or emergency regulations is the protection of our cyber security, an issue that should be at the forefront of everyone's legislative agenda in this new Congress.
In the past few years, threats in cyberspace have risen dramatically. The policy of the United States is to protect against the debilitating disruption of the operation of information systems for critical infrastructures and, thereby, help to protect the people, economy, and national security of the United States.
We are all affected by threats to our cyber security. We must act to reduce our vulnerabilities to these threats before they can be exploited. A failure to protect our cyber systems would damage our Nation's critical infrastructure. So, we must continue to ensure that such disruptions of cyberspace are infrequent, of minimal duration, manageable, and cause the least possible damage.
According to the Government Accountability Office (GAO), the number of cyber incidents reported by Federal agencies to USCERT has increased dramatically over the past four years, from 5,503 cyber incidents reported in FY 2006 to about 30,000 cyber incidents in FY 2009 (over a 400% increase).
The Department of Homeland Security is also tasked with combating terrorism, and protecting Americans from threats. With the current unrest in the Middle East, why would we want to limit DHS's ability to do its job?
The Department of Homeland Security is constantly responding to new intelligence and threats from the volatile Middle East and around the globe. We must not tie the hands of those trusted to protect us from these threats.
Hindering the ability of DHS to make changes to rules and regulations puts the entire country at risk. As the Representative for the 18th District of Texas, I know about vulnerabilities in security firsthand. Of the 350 major ports in America, the Port of Houston is one of the busiest.
More than 220 million tons of cargo moved through the Port of Houston in 2011, and the port ranked first in foreign waterborne tonnage for the 15th consecutive year. The port links Houston with over 1,000 ports in 203 countries, and provides 785,000 jobs throughout the state of Texas. Maritime ports are centers of trade, commerce, and travel along our nation's coastline, protected by the Coast Guard, under the direction of DHS.
Simply put, if Coast Guard Intelligence has evidence of a potential attack on the port of Houston, I want the Department of Homeland Security to be able to protect my constituents by issuing the regulations needed without being subject to the constraints of this bill.
The Department of Homeland Security deserves an exemption not only because they may need to quickly change regulations in response to new information or threats, but also because they are tasked with emergency preparedness and response.
There are many challenges our communities face when we are confronted with a catastrophic event or a domestic terrorist attack. It is important for people to understand that our capacity to deal with hurricanes directly reflects our ability to respond to a terrorist attack in Texas or New York, an earthquake in California, or a nationwide pandemic flu outbreak.
On any given day the City of Houston and cities across the United States face a widespread and ever-changing array of threats, such as: terrorism, organized crime, natural disasters and industrial accidents.
Cities and towns across the nation face these and other threats. Indeed, every day, ensuring the security of the homeland requires the interaction of multiple Federal departments and agencies, as well as operational collaboration across Federal, State, local, tribal, and territorial governments, nongovernmental organizations, and the private sector.
We cannot hinder the Department of Homeland Security's ability to protect the safety and security of the American people. No mission is more sacrosanct--and by bottling up the process with bureaucratic red tape.
As Homeland Security Secretary Jeh Johnson said recently:
Recent world events call for increased vigilance in
homeland security.
H.R. 185 makes it much harder for agencies to issue guidance, thus leading to unnecessary regulatory uncertainty and undue delay-- something that the American people can ill-afford. We cannot hamstring the Department when it is trying to cope with threats such as franchise terrorism. My amendment frees up Homeland Security to do its critical mission of protecting the American people.
Mr. Chair, I urge my colleagues to support the Jackson Lee amendment in order to ensure that lifesaving regulations promulgated by the Department of Homeland Security are not unnecessarily delayed by this legislation.
This GOP Bill Is Opposed by A Long List of National Organizations. National organizations opposing the bill include such organizations as the Coalition for Sensible Safeguards, which itself is a coalition of more than 70 consumer, environmental, health and public interest groups:
Consumer Federation of America;
Consumers Union;
Americans for Financial Reform;
Better Markets
Center for Responsible Lending
American Association for Justice
Center for Effective Government;
Public Citizen
Mr. Chair, I demand a recorded vote.