Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise to speak to the Jackson Lee amendment with great enthusiasm for its seriousness, and I say to my colleagues, there are no smoke and mirrors here. This amendment exempts…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I rise to speak to the Jackson Lee amendment with great enthusiasm for its seriousness, and I say to my colleagues, there are no smoke and mirrors here.
This amendment exempts rules made by the Secretary of Homeland Security or any consent decree or settlement made as a result of this rule.
I don't think that we need to further educate our very diligent Members, whether they are on the Homeland Security or Judiciary or Intelligence or Armed Services Committees, or many other committees, about the new climate in which we live in this world after 9/11. We simply have to look at the landscape that we are around as we speak: Central African Republic, South Sudan, Ukraine, Venezuela, Nigeria, and Syria. Just a few days ago, I was on the Israeli side of the Syrian border, and I could look into a city very close and see constant mortar fire.
Everybody understands that with the new climate of franchise terrorism, al Qaeda travels from one conflict area to another, each time posing a threat to the United States of America or the West. Yet, we have legislation that does not exempt the actions of the Secretary of Homeland Security, who may be required to make emergency decisions.
This particular legislation has 60 new barriers, procedural requirements, before an important rulemaking can go forward. It requires a 6-month online presence before you can move forward.
I would offer to say that the conflicts in the Central African Republic and South Sudan, the crisis in the Ukraine, on which America is standing on the sides of those who believe in democracy, the fighting in Nigeria between Christians and Muslims, and the conflict in Syria that has a terrible impact as we move forward on the Palestinian and Israeli peace process--how can we not exempt the Secretary of Homeland Security?
Mr. Chairman, not only do we deal with issues of terrorism, but it is also the stand-up agency when America faces natural disasters. For example, Hurricane Rita was the fourth-most-powerful Atlantic storm in history, and made landfall with 120-mile-per-hour winds, which had devastating consequences for many of my Texas constituents. That occurred just a few years ago. Hurricane Rita came out of the gulf, but Hurricane Sandy came out of the east coast and the Atlantic waters. It brought havoc that no one ever expected. FEMA was vital in the restoration of the lives of Americans. In that instance, I would think we would want any rulemaking process to move quickly, to be able to bring aid to those in need.
As indicated, this is a question of national security and the protection of our people. We need swift responses to imminent threats to national security. We need to have flexibility for the Secretary of Homeland Security to make those decisions. H.R. 2804 was created under the guise of increasing transparency. I would offer to say that there are instances when all of us know that our security is crucial.
Mr. Chairman, I ask that my colleagues support this exemption for Homeland Security to protect America's homeland and national security.
I reserve the balance of my time.
Mr. Chair, I rise today in strong support of my amendment to H.R. 2804 that provides a common-sense exception to the ``All Economic Regulations are Transparent Act of 2014.''
H.R. 2804 makes numerous changes to the federal rule-making process, including:
1. requiring agencies to consider numerous new criteria when issuing rules, such as alternatives to rules proposals;
2. requiring agencies to review the ``indirect'' costs of proposed and existing rules;
3. giving the Small Business Administration expanded authority to intervene in the rule-making of other agencies; and
4. requiring federal agencies to file monthly reports on the status of their rule-making activities.
My amendment provides an exception to the ``All Economic Regulations are Transparent Act of 2014'' for rules made by the Secretary of Homeland Security or any consent decree or settlement made as a result of the rule. My amendment is simple in that it provides an exception for critical agency rules that the general safety and well-being of individuals in the United States.
Mr. Chair, Hurricane Rita, which was the fourth most powerful Atlantic storm in history made landfall with 120 mile per hour winds and had devastating consequences to Texans, many of whom were my constitutients. Without Homeland Security how do Americans get through hurricanes and tornadoes?
The ALERRT Act packages four measures, all of which are designed to stop, delay, or weaken new protections. The Regulatory Accountability Act (RAA) is the most far-reaching of these measures. It amends the Administrative Procedure Act, but goes far beyond establishing procedures for rulemaking. The RAA acts as a ``super mandate'' overriding requirements of landmark legislation such as the Occupational Safety and Health Act and Mine Safety and Health Act.
Homeland Security is one of the most preeminent concerns of the federal government. The increased need for national security following the attacks of September 11th has increased the demand for Homeland Security to find more effective means to preempt attacks against our nation. And that is why my colleagues should vote to exempt the Department of Homeland Security from this legislation today.
And Mr. Chair, I was pleased to meet with, Jeh Johnson the new Secretary, on Tuesday and he appeared before the Homeland Security Committee yesterday, and I am encouraged to see that he understands just how critical his mission is and the utter importance of being able to respond swiftly to address problems as they arise. Swift responses to imminent threats to national security allow the Department of Homeland Security to protect the
rights and interests of individuals in the United States. Unnecessary delays to rules set forth by the Department of Homeland Security can waste scarce resources that keep our nation safe as well as impede the regular operations of the agency.
What we have before us in H.R. 2804 is an unnecessary reporting burden for the Department of Homeland Security. The Regulatory Flexibility Act and Executive Order 12866 already requires agency status updates twice a year. H.R. 2804 requires monthly reporting, which would create additional difficulties for agency to produce requisite reports. H.R. 2804 requires the OIRA to issue an annual cumulative report even though this reporting is already part of existing laws, thus creating duplicative reporting mechanisms and wasting limited federal resources.
The additional reporting requirements create a delay on agency activity and waste valuable resources in creating extraneous and duplicative records. The bill also prematurely calls for agencies to provide cost estimates for proposed rules that are to be finalized in the following year. Executive Order 12866 does not require agencies to report full cost estimates, but rather makes cost-benefit information discretionary. Even though the rule requires the estimation of costs, it prohibits benefit calculations of agency rules.
Further, H.R. 2804 precludes rules from taking effect until the information required by the act is available on the Internet for at least six months. This provision of the bill severely limits agencies' abilities to respond to imminent threats of national security. The amendment would preclude such a delay in relation to Homeland Security rules, consent decrees, or settlements.
H.R. 2804 was created under the guise of increasing agency transparency and regulation, but in actuality, the bill serves as an impediment to the government's ability to implement national security protections with expedience. My amendment to H.R. 2804 is necessary to curb unnecessary delay, waste, and duplication and ensuring that the Department of Homeland Security is able to make haste--not waste.
I ask my colleagues to please support the Jackson Lee amendment.
Mr. Chairman, I thank the gentleman very much, and we obviously have a great deal of mutual respect, I hope, but a great deal of disagreement on the intent and the impact of this legislation.
Let me say that Homeland Security has vast jurisdiction. Congress created it. In the course of that, it has a great deal of jurisdiction dealing with humanity and the necessity to help humanity. So in the crisis of dealing with issues of individuals who have been unfairly put in front of a deportation order who need to have the response of this agency, or the agency needs to correct some aspect of the many responsibilities that it has, from natural disaster to terrorism to ensuring the security of the border, the needs of Customs and Border Protection, the needs of ICE officers for regulatory schemes that will give them better tools to ensure the security of this Nation, I would argue that a 6-month delay, that 60 barriers being put in place of that regulatory scheme, does not give comfort to the American people that their homeland is secure. Give the Secretary of Homeland Security and his fellow Secretaries or Assistant Secretaries or Directors the responsibility and the leadership that they need to have to protect the homeland.
I would just offer to say that my amendment is common sense. It deals with consent orders and settlements that the Homeland Security Secretary is making in the course of making America safe. Please support the Jackson Lee amendment, commonsense security, protecting the homeland, and having us do the job we should be doing on behalf of the American people.
I yield back the balance of my time.
Will the gentleman yield?
I thank the gentleman for his explanation. We have noted 653, and you are absolutely right. It thrusts that in the hands of the President of the United States, but I would argue that the Congress created the Department of Homeland Security with a Secretary to be able to be the first line of defense, and I would argue that it is important that we exempt the Secretary of the Department from that because of their number one responsibility, which is securing the homeland, and we live in a different climate.
I think the gentleman accepts the fact that terrorism has become franchised at this moment. I thank the gentleman for yielding, and I ask individuals, again, to support the Jackson Lee amendment.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I have an amendment at the desk as the designee of Mr. Johnson.
Mr. Chairman, as I indicated, I am moving this on behalf of Mr. Johnson. The amendment is simple. It would exclude from this bill any rule that would result in net job growth.
I ask that my colleagues support this commonsense amendment to promote job growth and strengthen the middle class. After all, the stated purpose of the ALERRT Act is to grow the economy and create jobs. Although this bill purports to grow the economy and create jobs, we cannot pretend that this bill's myopic focus on regulations will accomplish any of these goals.
I have profound concerns with the ALERRT Act. The bill would undermine the ability of agencies to protect the public interest. It is a continuation of the majority's obstructionist approach that led to the sequester and the shutdown of the Federal Government. The majority continues to rely on debunked and partisan studies that presuppose that regulations have harmful effects. Far from it. There is ample, bipartisan evidence that have found that regulations have a negligible effect on the economy and create jobs.
No one would argue that there is not a positive impact from the Clean Water Act and the Clean Air Act, and all of the regulatory scheme that has provided for a safe workplace for our workers under OSHA, and those who protect the quality of life of Americans from sea to shining sea.
Leading scholars such as Wake Forest law professor Sidney Shapiro has testified that all of the available evidence contradicts the claim that regulatory uncertainty is deterring business investment. Bruce Bartlett, a senior policy analyst in the Reagan and George H.W. Bush administrations, has observed that regulatory uncertainty is the canard invented by Republicans that allows them to use current economic problems to pursue an agenda supported by the business community year in and year out. In other words, it is a simple case of political opportunism, not a serious effort to deal with high unemployment.
Nevertheless, the House Republican leadership continues to bulldoze its deregulatory agenda through Congress. This deregulatory train wreck threatens to send us back to the days before the Wall Street collapse, a financial catastrophe that could have been avoided by responsible policies. Instead of working together to come to a bipartisan solution and end sequestration, this Congress has continued an agenda to make life worse for American families. I urge all of my colleagues to support the Johnson amendment.
I reserve the balance of my time.
Mr. Chairman, a few minutes ago I stood to the floor of the House and showed a picture that has been made by the gentleman from California (Mr. Garamendi) of a long line of suit-wearing Americans looking for jobs. Yet this Congress, my friends on the other side of the aisle, have refused to pass extended unemployment insurance, emergency unemployment insurance. Yet they put legislation on the floor pretending to create opportunities for American workers. I can tell you what will create opportunities for American workers, and that is to extend the unemployment insurance, or in actuality, pass my legislation, H.R. 3888, that provides training for individuals for newly created job skills. Or, in fact, as so many of us have done, sign a discharge petition to raise the minimum wage. That is a story for creating jobs or lifting up the opportunities for the American people.
This amendment says simply, if you join us and you believe in job growth, if there is a regulatory scheme that in fact deals with job growth, then this is the amendment that you should support. And I would argue you should support an increase in the minimum wage, and today we should put on the floor of the House the extension of the unemployment insurance, emergency insurance for my constituents and Americans across America. The number is 1.3 million in 2013, rising to 2 million now, with no relief. There is no excuse. The other body had a bill that was paid for, and yet it was refused by Republican Senators in the other body.
I would simply ask that we work together to create job growth. This amendment will say to my good friends that if it creates jobs, then we should in fact support it, that particular regulatory regulation, and we should not subject it to this legislation.
With that, I ask for the support of this amendment.
I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.