[Congressional Record Volume 157, Number 183 (Thursday, December 1, 2011)]
[House]
[Pages H8034-H8056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REGULATORY FLEXIBILITY IMPROVEMENTS ACT OF 2011
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 527.
The SPEAKER pro tempore (Mr. Webster). Is there objection to the
request of the gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 477 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 527.
{time} 1450
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 527) 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, with Mr. Denham in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall be confined to the bill and shall not exceed 1
hour, with 40 minutes equally divided and controlled 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
(Mr. Graves) and the gentlewoman from New York (Ms. Velazquez) each
will control 10 minutes.
The Chair recognizes the gentleman from Texas (Mr. Smith).
Mr. SMITH of Texas. Mr. Chairman, I yield myself such time as I may
consume.
[[Page H8035]]
America's economic recovery remains sluggish, with the unemployment
rate still at 9 percent. Jobs are the key to economic recovery, and
small businesses are the primary job creators in America.
A study for the Small Business Administration found that regulations
cost the American economy $1.75 trillion annually, or over $15,000 per
household.
Mr. Chairman, while job creators suffer under the weight of these
regulations, Federal employees are visibly writing even more to
implement the mandates of new laws like ObamaCare and Dodd-Frank. The
same study also found that the cost of regulatory compliance is
disproportionately higher for small businesses. This hurts their
ability to create jobs for Americans.
Last month a Gallup poll found that small business owners consider
``complying with government regulations'' as 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 cosponsors
along with the bill's 24 additional cosponsors.
This bill primarily reinforces the Regulatory Flexibility Act of 1980
and the Small Business Regulatory Enforcement Fairness Act of 1996.
It only requires agencies to do what current law and common sense
dictate that they should be doing. Current law requires agencies to
prepare a regulatory flexibility analysis so agencies will know how a
proposed regulation will affect small businesses before it is adopted.
But the Government Accountability Office has found in numerous studies
that agencies are not always adhering to these laws.
For example, current law allows an agency to avoid preparing a
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 uniformly for all agencies. Also,
it requires agencies to justify a certification in detail and to give
the legal and factual grounds for the certification. And this bill
restricts agencies' ability to waive the Regulatory Flexibility Act's
requirements.
The legislation also requires agencies to document all economic
impacts, direct and indirect, that a new regulation could have on small
businesses. Agencies already must account for indirect economic impacts
under 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, the Occupational
Safety and Health Administration, the Environmental Protection Agency,
and the Consumer Financial Protection Bureau 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. It
assures that the law is uniformly implemented so agencies can not
interpret their way out of its requirements. And the bill improves
judicial review.
Some critics of regulatory reform may claim that 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 recognizes that
economic growth ultimately depends on job creators, not regulators.
The economy is already on shaky footing. It is more important than
ever for regulators to look before they leap to impose more
regulations. I urge my colleagues to support the bill, and I reserve
the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
I would just like to point out that the Crain study referred to
already by the distinguished chairman of the committee, apparently he
hasn't found out that it's been held in error in a number of ways but
mostly by the Crain 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 I want everybody to know that this
correction about $1.75 trillion has been thoroughly debunked by not
only CRS but other authorities as well.
Now, this debate follows a number of pieces of legislation that we're
considering. It's sort of a regulation tidal wave--or anti-regulation
tidal wave: H.R. 3010, Regulatory Accountability; H.R. 10, which we
will see soon, the REINS Act; and H.R. 527, the bill before us now, the
Regulatory Flexibility Improvements Act.
{time} 1500
Now, it's strange to say that this trio of public 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 a 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 a careful consideration of what the real final goal is.
The Wall Street Journal, which is no enemy of big business, said: The
main reason United States companies are reluctant to step up hiring is
scant demand rather than uncertainty over government policies.
So even the business community recognizes that the big problem with
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. If you examine it carefully, as many on our
Committee on the Judiciary have done, you will find that the safety
standards of which we are really very proud are going to be compromised
in a very embarrassing way.
Regulations don't kill jobs; they save lives.
There are plans underway--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.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Chairman, I yield 5 minutes to the gentleman
from North Carolina (Mr. Coble), the chairman of the Courts, Commercial
and Administrative Law Subcommittee of the Judiciary Committee.
Mr. COBLE. I thank the gentleman from Texas (Mr. Smith) for having
yielded to me.
Mr. Chairman, those who oppose H.R. 527 insist that those of us who
support it are willing to compromise health and safety standards. Since
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 are still suffering from
the recession. While we once claimed many manufacturing and producing
distinctions, much of our manufacturing has either disappeared or has
gone to other places. Bad regulations don't help matters. They create
unnecessary costs, uncertainty for employers, 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
[[Page H8036]]
small businesses are the Regulatory Flexibility Act and the Small
Business Regulatory Enforcement Fairness Act. In essence, these laws
require agencies to conduct economic impact analyses of proposed rules
on small businesses. Unfortunately, regulators routinely utilize
waivers and exceptions from both laws and promulgate regulations
without taking into account their economic impacts on small businesses.
The Regulatory Flexibility Act and the Small Business Regulatory
Enforcement Fairness Act do not block the flow of Federal regulation.
They, rather, help guide it. We need regulations and small businesses
need regulations, but the regulations must be effective and efficient
or they could do more harm than good.
H.R. 527 will improve future regulations by requiring agencies to
conduct the economic impact analyses 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 of the
Small Business Regulatory Enforcement Fairness Act, and it will extend
the advocacy review panel requirements to all agencies, including to
all of the independent agencies.
The Administrative Procedure Act was not intended to create a regime
whereby executive agencies could implement a regulation without
recourse. Unfortunately, there are countless situations in which
agencies have implemented rules and regulations that are unnecessary,
redundant, or unjustifiably costly. H.R. 527 will help ensure that
agencies do not overlook the critical interests of small businesses,
and it will help prevent agencies from promulgating wasteful
regulations.
Finally, the Congressional Budget Office estimated that H.R. 527 will
cost $80 million between 2012 and 2016. Although there may not be a
quantifiable means to assess the benefits of H.R. 527, from the
perspective of a small business, they are, indeed, priceless. Also,
it's important to note 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 it 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; so I
urge support in the final passage of this bill.
Mr. CONYERS. Mr. Chairman, I am pleased to yield 5 minutes to the
ranking member of the Courts, Commercial and Administrative Law
Subcommittee, the gentleman from Tennessee, Steve Cohen.
Mr. COHEN. I want to thank the ranking member for yielding time.
This bill amends the Regulatory Flexibility Act of 1980, which
requires agencies to engage in so much analysis and in so many new
procedures that it basically befuddles the agencies in bringing forth
any rules in the future. It is elimination by burdensome regulation.
While it doesn't say it is eliminating rules, that's the effect of it.
It subjects all major rules and other rules, those which have a
significant economic impact on a substantial number of small entities,
to review by small business review panels.
The cumulative effect of these and other changes in H.R. 527 will be
to undermine the ability of agencies to effectively regulate consumer
health and product safety, environmental protection, workplace safety,
and financial services industry misconduct, among other critical
concerns.
We talk about small businesses. Small businesses are important, and
they create more jobs than any other sector of our economy, but small
businesses are made up of human beings. To paraphrase Mitt Romney, who
said that corporations are people, small businesses are people, too.
Small businesses are concerned about consumer health and product safety
because they are the victims of it. Small businesses are concerned
about environmental protection and workplace safety and food and drug
safety and, certainly, about financial services industry misconduct,
which almost brought this country to its knees in what could have been
a depression but for the work of our great President and the Congress
that worked with him at that time.
This bill does little to help small businesses shape or comply with
Federal regulations. Right now, we can take for granted that the food
we eat, the water we drink, the air we breathe, the places we work, the
planes we fly on, the cars we drive, and the bank accounts in which we
put our savings are going to be safe because we have strong regulation;
but if H.R. 527 is enacted, it will be harder, much more difficult,
maybe impossible, to provide those protections for future generations.
{time} 1510
H.R. 527 is based on the well-intentioned, but false, premise that
regulations result in economically stifling costs.
In particular, proponents of H.R. 527, and of anti-regulatory
legislation generally, of which we have seen an abundance in this
Congress, repeatedly cite a thoroughly debunked study by economists
Mark and Nicole Crain, which made the ridiculous claim that Federal
regulations impose a $1.57 trillion cost on the economy.
Ridiculous? Why, you say. Because they even admitted, and the
Congressional Research Service said, it failed to account for any
benefits of regulation. There are indeed benefits of regulation and
great--and the Office of Management and Budget said great benefits
outweigh costs.
Moreover, the study was never intended to be a decisionmaking tool
for lawmakers or Federal regulatory agencies to use in choosing the
right level of regulation. But they still use that as the basis for
this law.
So let's focus on the real facts.
H.R. 527 will bring agency rulemaking to a halt because of multiple
layers of bureaucratic review and analysis that it adds to the
rulemaking process. It is the de facto end of regulations.
As Sherwood Boehlert, a colleague of mine here in Congress, of the
previous Congresses from the State of New York and a Republican and a
long time chair of the House Science Committee, recently warned, this
measure ignores history--Newt Gingrich--``ignores history, larding the
system with additional reviews based on previous efforts that have
slowed progress while helping nobody.''
Second, the bill clearly presents a serious threat to public health
and safety for all Americans. It does this by eliminating the emergency
authority that currently allows agencies to waive or delay certain
analyses so they can expeditiously respond to national crises such as a
massive oil spill, or a nationwide outbreak of food poisoning, or an
emerging financial marketplace meltdown. We've experienced all of
these.
The priority in the face of an emergency is to have emergency
agencies to say, sorry, we can't do this. We have to conduct regulatory
analysis first before we aid the American people.
H.R. 527 is simply chock full of crafty provisions to slow down
rulemaking, requiring small business advocacy review panels to analyze
rules promulgated by all agencies, and not just those from the three
agencies for which review panels are currently required. Moreover, it
would require review panels for all major rules, not just those that
have a significant economic impact on a substantial number of small
entities. And this bill would force agencies to engage in seemingly
endless, wasteful and speculative analysis, including assessment of all
reasonably foreseeable, indirect--indirect--economic effects of a
proposed rule.
I think we may see agencies purchasing crystal balls so they can
comply with this inane requirement of looking into the future. As any
first-year law student would know, it can take years of costly and
time-consuming litigation to figure out exactly what is reasonably
foreseeable and what is indirect. Where is Mr. Paul's graph?
While adding analytical requirements and opportunities for industry
to disrupt rulemaking, H.R. 527 provides absolutely no assistance to
business in complying with Federal regulations, which is what small
business really needs. And for those of us who should really be worried
about the national deficit, this bill has a hefty price tag. The most
conservative estimates,
[[Page H8037]]
$80 million, and a more realistic estimate is $291 million over a 5-
year period.
The CHAIR. The time of the gentleman has expired.
Mr. CONYERS. I yield the gentleman an additional 2 minutes.
Mr. COHEN. Thank you.
H.R. 527, like H.R. 3010, which we will also consider this week, is
simply a wolf in sheep's clothing. What proponents seem to describe as
commonsense revisions to current law actually would result in a
dramatic overhaul of the rulemaking process, threatening agencies'
ability to ensure basic health, safety, and other precautions.
I oppose this bill and urge my colleagues to do so. Also the
cumulative effect of these and other bills would be to be undermine the
ability of agencies to effectively regulate consumer health, work
product safety, environment protection, financial services misconduct,
and others. Right now we can take these for granted.
This is a dangerous bill, and I would ask our Members to vote against
it and think about the safety of the public and the future. Small
businesses are people, as Mr. Romney said about corporations, and those
people also suffer from lack of regulation.
Mr. SMITH of Texas. Mr. Chairman, I yield 2 minutes to the gentleman
from Ohio (Mr. Chabot), a senior member of the Judiciary Committee.
Mr. CHABOT. I thank our distinguished chairman for yielding the time.
Mr. Chairman, when I talk to small business owners back in my
district in Cincinnati in southwest Ohio, I continue to hear the same
thing over and over again. Overbearing regulations are crushing their
ability to grow and create jobs, and that's what we are supposed to be
about is getting this economy moving and getting people back to work
again; but the regulations are just crushing them.
Over the last year, however, the Obama administration has enacted
more than 3,500 new rules and regulations, and they have another 4,000
pending. So rather than reduce the regulations, they are talking about
putting on even more.
Mr. Chairman, small businesses in this country are struggling.
Unemployment is at record levels and our economy is showing little or
no signs of improvement.
We must pass legislation that reduces redtape and repeals burdensome
regulations. This bill will reform the rulemaking system and provide
much needed regulatory relief to small business.
If President Obama is serious about job creation, then he must sign
this bill. Small businesses are struggling to keep up with the
overwhelming costs of compliance that his administration has put on our
Nation's job creators.
If Congress wants to give the American people a gift this Christmas
season, let it be regulatory relief and the jobs that will result.
Mr. CONYERS. Mr. Chairman, I am pleased to yield 1 minute to a
distinguished member of our committee, the gentlelady from California,
Judy Chu.
Ms. CHU. I rise in opposition to the so-called Regulatory Flexibility
Act. This bill shows just how out of touch the House leadership is, not
only with the American people, but with America's small businesses.
A recent poll conducted by the Hartford Financial Group asked small
businesses to name their biggest barrier to success. Despite the
majority's claim, do you know how many cited government rules and
regulations as the biggest barrier? Just 9 percent. Instead, a
majority, a vast majority, in fact, 59 percent of small businesses,
said they struggle the most with finding qualified talent.
So it's clear that this bill does nothing to knock down barriers and
help the majority of small businesses with their greatest needs.
Instead, it just slows down the regulation process and stops government
from protecting the consumers from unsafe products, dirty air or water
that could make them sick, a dangerous workplace, or gross misconduct
in the financial industry.
Our country's small businesses don't have time for this nonsense. We
should be working on a bill that creates jobs and actually helps small
business.
Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the gentleman
from Texas (Mr. Poe), a former district judge and a senior member of
the Judiciary Committee.
Mr. POE of Texas. I thank the gentleman for yielding.
Mr. Chairman, when I meet with small business owners back in
southeast Texas, the one thing they always tell me is that they are not
comfortable with expanding their businesses or hiring new employees
because of the Federal regulators. ``We just don't know what the
Federal Government is going to do next,'' is what I often hear. And
considering that the code of Federal regulations is currently over
150,000 pages long, no wonder they are saying that they cannot plan for
the future.
Mr. Chairman, do we really need more than 150,000 pages of
regulations to be imposed across the fruited plain? Good thing the
regulators weren't around to draw up regulations on the Ten
Commandments. No telling what that would look like.
Anyway, a recent Gallup Poll found regulation and red tape is the
most important problem currently facing business owners. That's right,
not the economy but red tape. Why are we allowing the regulators to
administratively pass many unnecessary rules that destroy this economic
system?
Unnecessary regulations hurt all American businesses, but hurt the
small businesses the most. It's not easy for a mom-and-pop shop to hire
a legal department to navigate through the ever-growing list of Federal
regulations that may be applicable to their small business. In fact, on
average, small businesses spend 36 percent more per employee per year
complying with Federal regulations than large businesses do.
{time} 1520
This legislation will help the problem by requiring that Federal
agencies just analyze the impact of a new regulation on small
businesses before adopting the regulation. Once a mom and pop shop goes
out of business, there's often no going back.
Regulators and elitist bureaucrats in Washington, D.C., do not always
know what is best for people who own a small business. Many of these
regulators have never owned a small business or even understand
capitalism. They have never signed the front of a paycheck. But yet
they make rules. Congress needs to ensure that we do not over-regulate
America to death and self-destruct our economic system.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Members of the House, it's important for us to realize who else has
difficulty in supporting a bill that ends up creating unsafe products,
promotes dirty air, and other kinds of harms to our citizenry. The
American Lung Association is opposed to H.R. 527. The Environmental
Defense Fund is opposed to this bill. The National Women's Law Center
does not support this bill. Public Citizen is opposed to it. The Union
of Concerned Scientists is opposed to it. And, indeed, a total of more
than 70 organizations have all written urging us to very carefully
consider what we are doing here today.
It's absolutely critical, and it is very important that we understand
that there is no evidence, credible evidence that regulations depress
job creation. Now, this is great rhetoric, but we're passing laws here
today.
The majority's own witness before the House Judiciary Committee
agrees with us. Christopher DeMuth, who appeared before the House
Judiciary Committee on behalf of the American Enterprise Institute,
stated in his prepared testimony that the focus on jobs can lead to
confusion in regulatory debates, and that the employment effects of
regulation, while important, are indeterminate. He can't figure it out,
and he was a pretty good witness for our position that regulations have
no discernible impact on job creation.
If anything, regulations may promote job growth and put Americans
back to work. The BlueGreen Alliance notes: Studies on the direct
impact of regulations on job growth have found that most regulations
result in modest job growth or have no effect.
Economic growth has consistently surged forward in concert with these
health and safety protections. The Clean Air Act is a perfect example.
The economy has grown 204 percent and private sector job creation has
expanded 86 percent since it was passed in 1970. And so, my colleagues,
regulation and
[[Page H8038]]
economic growth can go hand in hand. We recently observed that 40 years
of success with the Clean Air Act has demonstrated that strong
environmental protections and strong economic growth go hand in hand.
What's in this bill is a provision that every regulation change would
have to come back through the Congress. It would be unthinkable that we
could add this to our schedule, especially if there was a health
emergency that required a rapid passage.
So I want every Member of this House to examine the grossly different
analyses that are being made here and come to your own conclusion. I
think if you do, you will realize that regulations have no discernible
impact on job creation.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Chairman, how much time remains on each side?
The CHAIR. The gentleman from Texas has 7\1/2\ minutes remaining. The
gentleman from Michigan has 3\1/2\ minutes remaining.
Mr. SMITH of Texas. Mr. Chairman, I yield 3 minutes to the gentleman
from Illinois (Mr. Manzullo), a member of the Financial Services
Committee.
Mr. MANZULLO. Mr. Chairman, this is one of the most important bills
that we will pass in Congress.
I'm just amazed at what I hear from the other side--we're over here
endangering safety; we're poisoning water; we're doing everything we
can in the workplace. That's not what this is about. All this bill says
is, when you put in a regulation, at least have some type of basis so
the people impacted by it know where to go from there. Have some good,
sound science. Let's have an economic impact study.
Let me just give you five instances specifically. Talk to the doctors
today about all of the regulations impacting them, and you'll hear
complaints about spending more time on paperwork than with their
patients.
Talk to the banks. I was talking to a small banker, only 19
employees. Two little banks in my district, they have to hire a full-
time compliance officer just because of Dodd-Frank, and that bank
didn't do one thing wrong to bring about this economic collapse.
And now the farmers. EPA is going to regulate cow manure under
CERCLA, as opposed to the present rules.
Several years ago, this House passed the Clean Air Act Amendments of
1990. One of those was something called the employee commute option
that said that counties around Chicago had to have something called an
employee commute option that was forced carpooling. Well, one of those
counties was McHenry County, which is still a rural county. And I had
to work with Henry Waxman for 2 to 2\1/2\ years to come up with a
reasonable interpretation and corrective language in order to make sure
that the people of that county were not strapped with that incredible
mandate and at the same time we did not compromise the quality of the
air.
The Hope Scholarship reporting requirements that said that the 7,700
schools across the country had to report who it was that gave them the
money--turned them into some kind of a supercomputer. And I worked with
the 7,700 schools and with the commissioner of the IRS--this was a $100
million mandate upon all of these schools in the country because nobody
took the time to say, what impact will this regulation have upon the
schools of this country?
This before me is one day of regulation, just one day in America.
Just one day in Washington, just one more day when the small business
people have to read through 500 pages of 9-point type dealing with air
particulates.
And then I hear today that oh, you don't need any relief, it's not
necessary. Regulations are good. And then we take a look at the impact
that this has, the financial impact that it has on the small businesses
today.
This is a great bill. It's long overdue. And as a former chairman of
the Small Business Committee, I say it's about time, and our colleagues
on the other side should all vote unanimously for this bill.
Mr. CONYERS. I yield myself such time as I may consume.
I'm glad my friend is still on the floor because he asked, what do
the doctors have to say about this? The doctors oppose the bill. And
I'd like to point out, the American Lung Association and the Center for
Science in the Public Interest do not agree with you, and they agree
with our position on the bill.
{time} 1530
Mr. MANZULLO. Will the gentleman yield?
Mr. CONYERS. In just a minute I'll be very pleased to.
The Environmental Defense Fund, the Friends of the Earth, and the
Union of Concerned Scientists are all in agreement with us. And so I
want you to know that the medical people that have spoken about this
bill are not in support of it.
I will yield briefly to the gentleman.
Mr. MANZULLO. I thank the gentleman for yielding.
First of all, the doctors that I talk to--the experts themselves, not
the lobbyists in Washington--I talk to them on a continuous basis.
They're very upset with more regulations. And NFIB is behind the bill.
Mr. CONYERS. Just a moment. These are not lobbyists. I don't know if
these organizations have any offices here. But the Union of Concerned
Scientists probably doesn't have any lobbyists. I doubt if the American
Lung Association does.
Mr. MANZULLO. Will the gentleman yield?
Mr. CONYERS. I would, except that your side has far more time than my
side does.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Chairman, we are prepared to close; so I will
reserve the balance of my time.
Mr. CONYERS. I yield myself such time as I may consume. I too am
prepared to close on this side.
Ladies and gentlemen of the House, we have two starkly opposing views
of what this bill does. I have over 70 organizations that are from the
labor movement, from the health movement, from the science world, from
the Women's Law Center, from the Union of Concerned Scientists all
telling us that this is a very dangerous process that we're involved
in, that the results wouldn't be that the authors of this amendment
intended to harm people or that they intended to produce unsafe air
products or that they were supporting making the air unbreathable, but
that is the result of this bill.
It's been stated twice on the other side that we are accusing you of
bad intent. I don't do that. I want you to be very clear. It's not a
matter that your intentions are not honorable, but the results of a
bill like H.R. 527 would create unsafe products. It would ultimately
produce air that is more polluted than the air that we're dealing with
now. It would delay the promulgation of regulations that we need. It is
exactly going in the wrong way because we, as a matter of fact, need to
have more regulation surrounding products, particularly children's
toys. We want the air to be much better than it is.
And so I urge my colleagues to examine the premises starkly different
than have been presented here today and to join us in turning back and
sending back to the committee a bill that would make our health much
more endangered.
I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Chairman, I yield myself the balance of my
time.
Job creation is the key to economic recovery, and small businesses
are America's main job creators. But overregulation kills jobs and is
especially burdensome for small businesses. Anyone who doesn't believe
that probably hasn't spent much time in the private sector. Even
President Obama, who has not spent much time in the private sector,
wrote in a Wall Street Journal op-ed and recognized that overregulation
``stifles innovation'' and has ``a chilling effect on growth and
jobs.''
It has been 15 years since Congress last updated the Regulatory
Flexibility Act of 1980. Experience during that time reveals that
further reforms are necessary. The Regulatory Flexibility Improvements
Act of 2011 makes carefully targeted reforms to the current law to
ensure that agencies properly analyze how a new regulation will affect
small businesses before adopting that regulation. In the current
economic climate, with millions of Americans looking for work, we
simply cannot afford to overburden small businesses with more wasteful
or inefficient regulations.
I urge my colleagues to support the bill. I look forward to its
passage.
I yield back the balance of my time.
[[Page H8039]]
Mr. GRAVES of Missouri. Mr. Chairman, I yield myself such time as I
may consume.
I rise today in support of H.R. 527, the Regulatory Flexibility
Improvements Act of 2011. I was the original cosponsor. I want to thank
Chairman Smith for the opportunity to work with him on this very
important piece of legislation.
Opponents will argue that the bill stops agencies from issuing
regulations. However, in reality, H.R. 527 will force agencies to
consider how their actions affect small businesses and other small
entities. More importantly, if the effects are significant, agencies,
not small entities, will have to develop less burdensome and costly
alternatives.
Shouldn't a government understand the consequences of its
regulations? Of course, it should. And by doing so, the government may
arrive at a more efficient and less costly way to regulate. In a
nutshell, that is what H.R. 527 does.
Some may argue that agencies already do this when they draft
regulations. However, nearly 30 years of experience with the Regulatory
Flexibility Act, or the RFA, shows that agencies are not considering
the consequences of their actions, and it is about time that they start
doing that.
Government regulations do have consequences. Small businesses must
expend scarce and vital capital complying with these rules. If there's
a better way to achieve what an agency wants while imposing lower costs
on small businesses, the sensible approach would be to adopt the lower
cost methodology. This will enable small businesses to meet the
requirements imposed by regulators while freeing up scarce resources to
expand their businesses and hire more workers.
H.R. 527 ensures the consideration of consequences of rulemaking
through the removal of loopholes that the agencies have used to avoid
compliance with the RFA. In addition, the bill will require a closer
consideration of the impact of rules on small businesses and other
small entities. Yet nothing in H.R. 527 will prevent an agency from
issuing a rule. It just stops the government from issuing a rule
without understanding its effect on America's job creators--small
businesses.
With that, I urge my colleagues support this very carefully crafted
measure to improve the Federal regulatory process.
I reserve the balance of my time.
Ms. VELAZQUEZ. Mr. Chairman, I yield myself such time as I may
consume.
Reducing the cost of regulation is a very important issue, but it's
not going to turn the economy around. In order for this to happen,
businesses need to see more customers coming through their doors--and
not just during the holiday season we are now in. With this in mind, it
is necessary to create an environment where regulations are not
overburdening small businesses, as they do in fact bear the largest
burden.
{time} 1540
These entrepreneurs face an annual regulatory cost of $10,585 per
employee, which is 36 percent higher than the regulatory cost facing
large firms. And this brings us to the bill before us.
Too often on the House floor legislation is painted as either being
totally perfect or completely awful. With this bill, neither of these
characterizations is appropriate. In fact, on many fronts, H.R. 527
contains several very positive provisions and will make a real
difference for small businesses.
Many of the provisions were previously advanced by Democrats in the
Small Business Committee, and for this Chairman Graves and Chairman
Smith and their staff should be commended. For instance, the bill makes
agencies' regulatory flex analyses more detailed so that they cannot
simply overlook their obligations to small businesses. It also gives
real teeth to periodic regulatory look-backs, which require agencies to
review outdated regulations that remain on the books. Agencies will
also be required to evaluate the entire impact of their regulations,
something that is long overdue.
And it cannot go without mention that the bill brings the IRS under
the purview of the RFA. This is a real improvement for small firms,
which will undoubtedly benefit from greater scrutiny of complex and
burdensome tax rules. These are all constructive changes that will
bring real relief to entrepreneurs.
With that said, there are other items in this legislation that leave
you scratching your head. Adding 50 new agencies to the panel process
is a recipe for disaster. Such a dramatic change will require new
bureaucratic processes, more staff, and more paperwork.
It must be ironic for my colleagues on the other side of the aisle
that this bill attempts to reduce Federal regulation by dramatically
expanding the role and scope of government. In fact, H.R. 527 creates
more government as a means to limit government. How does that make
sense?
It also applies reg flex to land management plans, something I have
never heard small businesses complain about in my 18 years on the
committee. Doing so will enable corporate interests to more readily
challenge land use decisions, which could have adverse consequences for
the environmental stewardship of public lands. The reality is that the
RFA was just not intended to cover this action, and it should not do so
going forward.
Finally, it is important to note that the Office of Advocacy's
footprint has traditionally been minimal, with a budget of $9 million
and 46 employees. According to CBO, its budget will have to increase by
up to 200 percent per year to handle the new responsibilities of H.R.
527. It is already taxed in meeting its current role, and expanding its
powers geometrically is well beyond its capacity. Members are well
aware of the fiscal constraints facing the U.S. Government. Now is not
the time to make costly statutory leaps when smaller steps might be
more appropriate.
So, in conclusion, there are some good and some not-so-good things in
this bill. I want to acknowledge the effort by the bill's manager, but
in the end it is not something I could support, given the imposition of
too many questionable policies. However, I want to thank Chairman
Graves for always being open to discussions, and I look forward to
continuing our dialogue on this legislation.
I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Chairman, I yield such time as he may
consume to the gentleman from the 24th District of New York (Mr.
Hanna).
Mr. HANNA. Mr. Chairman, I rise today in support of H.R. 527, the
Regulatory Flexibility Improvements Act.
The small businesses I meet on a regular basis tell me that
regulation has become an overwhelming problem. Small business owners
are the backbone of the American economy. I know this because I'm a
small business owner. Like so many, my life was built by a belief in
hard work, free enterprise, an entrepreneurial spirit, and a love to
get out of bed in the morning and just do what I love to do, as you
know yourself, Mr. Chairman. The preponderance of regulations is
stifling that spirit.
This country can't do well unless small businesses do well. They
provide the jobs, the growth, and the opportunity for the rest of
society. Small businesses are drowning in regulation. Federal agencies
should periodically review their rules to ensure that regulations are
not unduly burdensome. As with the 1099 reporting provision and the 3
percent withholding rule, the law of unintended consequences can be
crippling. Fortunately, this House has repealed both.
We all agree that regulations are absolutely necessary to protect the
public good, but we need to ensure that regulations reflect a proper
balance that does not unreasonably hinder entrepreneurship, job
creation, and innovation.
Ms. VELAZQUEZ. Mr. Chairman, I yield 2 minutes to the gentleman from
Michigan (Mr. Conyers), the ranking member on the Judiciary Committee.
Mr. CONYERS. I thank the gentlelady from New York.
My friend on the other side from Missouri, who is managing the bill,
I was happy to hear you say that this measure that we are examining
does nothing to hinder the rulemaking process. And I'd like to help you
out in that area if I may because this expands in the bill the use of
small business review panels to include rules promulgated by all
agencies, and to include all major rules.
[[Page H8040]]
I would say to the gentleman from Missouri that right now there are
only three agencies that are affected. What this does, my friend, is
extend the review process to every agency. Do you recognize, sir, that
there are over 50 agencies in the Federal system? And so for it to be
thought that this isn't going to change much is a grievous mistake. And
of course I am here to help you out, to the extent that I can.
The other thing that it does--and you think that this will not change
the rulemaking process--is that this measure would force agencies to
engage in speculative analysis, including an assessment of all
reasonably foreseeable, indirect economic effects of a proposed rule.
The CHAIR. The time of the gentleman has expired.
Mr. GRAVES of Missouri. Mr. Chairman, I yield such time as he may
consume to the chairman of the Subcommittee on Investigations,
Oversight and Regulations, the gentleman from the Sixth District of
Colorado (Mr. Coffman).
(Mr. COFFMAN of Colorado asked and was given permission to revise and
extend his remarks.)
Mr. COFFMAN of Colorado. The Obama administration is currently
choking the lifeblood out of our Nation's middle class, small
businesses, and entrepreneurs through excessive regulation. According
to the Small Business Administration, regulations cost the American
economy $1.75 trillion annually.
{time} 1550
The Obama administration has issued 200 such regulations that are
expected to cost our economy at least $100 million each, and seven of
these regulations have a pricetag of over $1 billion.
The President has long touted the job creation of his so-called
stimulus. But every $1 million increase in the Federal regulatory
budget costs 420 private sector jobs for hardworking Americans. This is
why I am urging passage of House Resolution 527, the Regulatory
Flexibility Improvements Act of 2011. This legislation will give real
teeth to the Regulatory Flexibility Act of 1980, which mandated that
Federal agencies first assess the economic impact of their regulations
on small businesses before going forward with them. It is time to put
small businesses first.
Ms. VELAZQUEZ. Mr. Chairman, may I inquire as to how much time each
side has.
The CHAIR. The gentlewoman from New York has 3 minutes remaining. The
gentleman from Missouri has 5 minutes remaining.
Ms. VELAZQUEZ. I yield myself 1 minute.
I need to set the record straight regarding the previous Member who
just spoke about how many regulations have been issued under the Obama
administration.
Let me remind people here that, according to the conservative
Heritage Foundation, net regulatory burdens increased in the years
George W. Bush assumed the Presidency. Between 2001 and 2008 the
Federal Government imposed almost $30 billion in new regulatory costs
on America. About $11 billion was imposed in fiscal year 2007 alone.
With regard to the number of pages of regulations, the Code of
Federal regulations totaled 145,000 pages in 2007 alone. The Obama
administration issued an Executive order, 13563, and a memorandum on
small businesses and job creation, and the Executive order instructs
agencies to seek the views of affected entities prior to proposed
rulemaking. The Executive order also calls on agencies to engage in
periodic reviews of existing regulations.
The CHAIR. The time of the gentlewoman has expired.
Ms. VELAZQUEZ. I yield myself 15 seconds more.
If we're going to come here and, instead of dealing with the issues
that are impacting small businesses--and that is access to affordable
capital so that they could create jobs--but rather come and criticize
the Obama administration for issuing regulations, let's set the record
straight and talk about the regulations that were issued under the
Republican administration.
I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Chairman, I have no further requests for
time, and I reserve the balance of my time.
Ms. VELAZQUEZ. How much time do I have left, please?
The CHAIR. The gentlewoman from New York has 1\3/4\ minutes
remaining.
Ms. VELAZQUEZ. I yield 1 minute to the gentlelady from Texas (Ms.
Jackson Lee).
Ms. JACKSON LEE of Texas. Mr. Chairman, it is clear, when I have the
ranking member of the Small Business Committee who has an enormous
history of commitment to small businesses, and the ranking member of
the Judiciary Committee, both former chairs, opposing this bill, then
we obviously know that it is problematic.
What I know of small businesses is that they, frankly, want to have
an anchor to promote and propel their business needs. The regulatory
scheme and the underlying premise of this bill is to eliminate any
anchor for our small businesses. And when you do that, you're clearly
undermining their growth and opportunity.
I would add, as well, that I challenge as to whether or not this
debate today creates any opportunity for small business, provides them
access to credit, guarantees any loans, creates any jobs. Absolutely
not, and it is absurd that we would suggest that agencies that are
trying to promote small businesses are stopping small businesses and,
therefore, we want to implode the regulatory scheme.
The APA provides an opportunity for due process through the court
system. If our colleagues have problems with regulations, they can run
to the courts. You don't have to implode the process to be able to
address the problem.
Let's help small businesses, let's discuss how to create jobs, and
let's vote against this legislation.
Ms. VELAZQUEZ. Mr. Chairman, I yield myself the balance of my time.
The CHAIR. The gentlewoman from New York is recognized for 45
seconds.
Ms. VELAZQUEZ. Since its enactment in 1980, the Reg Flex has reduced
the burden of Federal rules on small businesses. It has evolved over
time to include new tools, expanding its purview and making a real
difference for entrepreneurs across the country.
With this important role in mind, the legislation before us makes
some essential changes. However, in other areas the bill goes too far.
At a time of mounting deficits and growing taxpayer anger at how tone-
deaf Congress has become, H.R. 527 will dramatically expand the Federal
bureaucracy at a cost of $80 million.
For these reasons, I urge a ``no'' vote, and I yield back the balance
of my time.
Mr. GRAVES of Missouri. Mr. Chairman, the gentlelady, my colleague
from the Small Business Committee, pointed out that the Bush
administration added $60 billion in regulatory burdens out there, which
is not a good thing at all. In fact, that scares me in and of itself.
In 8 years of the Bush administration you had $60 billion in extra
regulations.
The Obama administration has added $40 billion in only 3 years. So at
the rate that that administration's on, it's going to far outweigh any
administration.
But my point is, I don't care what administration it is. I don't care
if it's a Republican administration or a Democrat administration. I
want to make darn sure that those agencies comply with the Regulatory
Flexibility Act, and I want to make darn sure that those agencies take
into account how much this is going to cost small business when they're
implementing some of these ridiculous regulations that they're asking
small business staff to comply with.
Some of this stuff is outrageous, and it needs to be studied, or it
needs to be taken care of, or it needs to be stopped. But these
agencies--and again, I don't care what administration it is--they need
to have to comply with this and they need to understand what the
consequences are.
With that, I would urge my colleagues to support the bill, and I
yield back the balance of my time.
Mr. HOLT. Mr. Chair, two of the bills before us this week are just
two more bills that will not create jobs, endanger the public health,
and waste the time and money of the American people. These bills are
trying to block new regulations under the misguided notion that all
regulations are bad and prevent economic growth. This misguided
approach deliberately ignores that regulations have improved the safety
of our children's toys, made our air
[[Page H8041]]
and water cleaner, and even saved the lives and limbs of our nation's
workers.
As the AFL-CIO has H.R. 527, the so-called ``Regulatory Flexibility
Improvements Act'' would expand the reach and scope of the Regulatory
Flexibility Act by covering regulations that may have an indirect
effect on small businesses and adding a host of new analytical
requirements that will make it even more difficult for agencies to take
action to protect workers and the public. Almost any action an agency
proposes--including something as simple as a guidance document designed
to help a business comply with a rule--could be subject to a lengthy
regulatory process. While the bill purports to be focused on small
business, it would cover more than 99 percent of all employers,
including firms in some industries with up to 1,500 workers or $35.5
million in annual revenues. It is a special interest bailout for
business.
H.R. 3010, the so-called ``Regulatory Accountability Act'', is
equally odious. This bill would effectively eviscerate the Occupational
Safety and Health Act and Mine Safety and Health Act. As critics have
noted, the bill would require agencies to adopt the least costly rule,
instead of the most protective rule as is now required by the OSH Act
and MSH Act. It would make protecting workers and the public secondary
to limiting costs and impacts on businesses and corporations. If
enacted, this legislation would be a license for businesses to cut
corners and endanger workers and the public in the pursuit of ever
greater profits--all at the expense of the public good.
I urge my colleagues to join me in rejecting both of these atrocious
bills so we can get on with the business of creating real jobs.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendments in the nature of a substitute recommended
by the Committees on the Judiciary and Small Business printed in the
bill, it shall be in order to consider as an original bill for the
purpose of amendment under the 5-minute rule an amendment in the nature
of a substitute consisting of the text of the Rules Committee Print
dated November 18, 2011. That amendment in the nature of a substitute
shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 527
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Regulatory
Flexibility Improvements Act of 2011''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Clarification and expansion of rules covered by the Regulatory
Flexibility Act.
Sec. 3. Expansion of report of regulatory agenda.
Sec. 4. Requirements providing for more detailed analyses.
Sec. 5. Repeal of waiver and delay authority; Additional powers of the
Chief Counsel for Advocacy.
Sec. 6. Procedures for gathering comments.
Sec. 7. Periodic review of rules.
Sec. 8. Judicial review of compliance with the requirements of the
Regulatory Flexibility Act available after publication of
the final rule.
Sec. 9. Jurisdiction of court of appeals over rules implementing the
Regulatory Flexibility Act.
Sec. 10. Clerical amendments.
Sec. 11. Agency preparation of guides.
SEC. 2. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE
REGULATORY FLEXIBILITY ACT.
(a) In General.--Paragraph (2) of section 601 of title 5,
United States Code, is amended to read as follows:
``(2) Rule.--The term `rule' has the meaning given such
term in section 551(4) of this title, except that such term
does not include a rule of particular (and not general)
applicability relating to rates, wages, corporate or
financial structures or reorganizations thereof, prices,
facilities, appliances, services, or allowances therefor or
to valuations, costs or accounting, or practices relating to
such rates, wages, structures, prices, appliances, services,
or allowances.''.
(b) Inclusion of Rules With Indirect Effects.--Section 601
of title 5, United States Code, is amended by adding at the
end the following new paragraph:
``(9) Economic impact.--The term `economic impact' means,
with respect to a proposed or final rule--
``(A) any direct economic effect on small entities of such
rule; and
``(B) any indirect economic effect on small entities which
is reasonably foreseeable and results from such rule (without
regard to whether small entities will be directly regulated
by the rule).''.
(c) Inclusion of Rules With Beneficial Effects.--
(1) Initial regulatory flexibility analysis.--Subsection
(c) of section 603 of title 5, United States Code, is amended
by striking the first sentence and inserting ``Each initial
regulatory flexibility analysis shall also contain a detailed
description of alternatives to the proposed rule which
minimize any adverse significant economic impact or maximize
any beneficial significant economic impact on small
entities.''.
(2) Final regulatory flexibility analysis.--The first
paragraph (6) of section 604(a) of title 5, United States
Code, is amended by striking ``minimize the significant
economic impact'' and inserting ``minimize the adverse
significant economic impact or maximize the beneficial
significant economic impact''.
(d) Inclusion of Rules Affecting Tribal Organizations.--
Paragraph (5) of section 601 of title 5, United States Code,
is amended by inserting ``and tribal organizations (as
defined in section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(l))),'' after
``special districts,''.
(e) Inclusion of Land Management Plans and Formal Rule
Making.--
(1) Initial regulatory flexibility analysis.--Subsection
(a) of section 603 of title 5, United States Code, is amended
in the first sentence--
(A) by striking ``or'' after ``proposed rule,''; and
(B) by inserting ``or publishes a revision or amendment to
a land management plan,'' after ``United States,''.
(2) Final regulatory flexibility analysis.--Subsection (a)
of section 604 of title 5, United States Code, is amended in
the first sentence--
(A) by striking ``or'' after ``proposed rulemaking,''; and
(B) by inserting ``or adopts a revision or amendment to a
land management plan,'' after ``section 603(a),''.
(3) Land management plan defined.--Section 601 of title 5,
United States Code, is amended by adding at the end the
following new paragraph:
``(10) Land management plan.--
``(A) In general.--The term `land management plan' means--
``(i) any plan developed by the Secretary of Agriculture
under section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604); and
``(ii) any plan developed by the Secretary of Interior
under section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712).
``(B) Revision.--The term `revision' means any change to a
land management plan which--
``(i) in the case of a plan described in subparagraph
(A)(i), is made under section 6(f)(5) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)); or
``(ii) in the case of a plan described in subparagraph
(A)(ii), is made under section 1610.5-6 of title 43, Code of
Federal Regulations (or any successor regulation).
``(C) Amendment.--The term `amendment' means any change to
a land management plan which--
``(i) in the case of a plan described in subparagraph
(A)(i), is made under section 6(f)(4) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(4)) and with respect to which the Secretary of
Agriculture prepares a statement described in section
102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)); or
``(ii) in the case of a plan described in subparagraph
(A)(ii), is made under section 1610.5-5 of title 43, Code of
Federal Regulations (or any successor regulation) and with
respect to which the Secretary of the Interior prepares a
statement described in section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
(f) Inclusion of Certain Interpretive Rules Involving the
Internal Revenue Laws.--
(1) In general.--Subsection (a) of section 603 of title 5,
United States Code, is amended by striking the period at the
end and inserting ``or a recordkeeping requirement, and
without regard to whether such requirement is imposed by
statute or regulation.''.
(2) Collection of information.--Paragraph (7) of section
601 of title 5, United States Code, is amended to read as
follows:
``(7) Collection of information.--The term `collection of
information' has the meaning given such term in section
3502(3) of title 44.''.
(3) Recordkeeping requirement.--Paragraph (8) of section
601 of title 5, United States Code, is amended to read as
follows:
``(8) Recordkeeping requirement.--The term `recordkeeping
requirement' has the meaning given such term in section
3502(13) of title 44.''.
(g) Definition of Small Organization.--Paragraph (4) of
section 601 of title 5, United States Code, is amended to
read as follows:
``(4) Small organization.--
``(A) In general.--The term `small organization' means any
not-for-profit enterprise which, as of the issuance of the
notice of proposed rulemaking--
``(i) in the case of an enterprise which is described by a
classification code of the North American Industrial
Classification System, does not exceed the size standard
established by the Administrator of the Small Business
Administration pursuant to section 3 of the Small Business
Act (15 U.S.C. 632) for small business concerns described by
such classification code; and
``(ii) in the case of any other enterprise, has a net worth
that does not exceed $7,000,000 and has not more than 500
employees.
``(B) Local labor organizations.--In the case of any local
labor organization, subparagraph (A) shall be applied without
regard to any national or international organization of which
such local labor organization is a part.
[[Page H8042]]
``(C) Agency definitions.--Subparagraphs (A) and (B) shall
not apply to the extent that an agency, after consultation
with the Office of Advocacy of the Small Business
Administration and after opportunity for public comment,
establishes one or more definitions for such term which are
appropriate to the activities of the agency and publishes
such definitions in the Federal Register.''.
SEC. 3. EXPANSION OF REPORT OF REGULATORY AGENDA.
Section 602 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``, and'' at the end and
inserting ``;'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) a brief description of the sector of the North
American Industrial Classification System that is primarily
affected by any rule which the agency expects to propose or
promulgate which is likely to have a significant economic
impact on a substantial number of small entities; and''; and
(2) in subsection (c), to read as follows:
``(c) Each agency shall prominently display a plain
language summary of the information contained in the
regulatory flexibility agenda published under subsection (a)
on its website within 3 days of its publication in the
Federal Register. The Office of Advocacy of the Small
Business Administration shall compile and prominently display
a plain language summary of the regulatory agendas referenced
in subsection (a) for each agency on its website within 3
days of their publication in the Federal Register.''.
SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--Subsection
(b) of section 603 of title 5, United States Code, is amended
to read as follows:
``(b) Each initial regulatory flexibility analysis required
under this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of
professional skills necessary for preparation of the report
and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or
the reasons why such a description could not be provided;
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities beyond that already
imposed on the class of small entities by the agency or why
such an estimate is not available; and
``(7) describing any disproportionate economic impact on
small entities or a specific class of small entities.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) in paragraph (4), by striking ``an explanation'' and
inserting ``a detailed explanation'';
(B) in each of paragraphs (4), (5), and the first paragraph
(6), by inserting ``detailed'' before ``description''; and
(C) by adding at the end the following:
``(7) describing any disproportionate economic impact on
small entities or a specific class of small entities.''.
(2) Inclusion of response to comments on certification of
proposed rule.--Paragraph (2) of section 604(a) of title 5,
United States Code, is amended by inserting ``(or
certification of the proposed rule under section 605(b))''
after ``initial regulatory flexibility analysis''.
(3) Publication of analysis on website.--Subsection (b) of
section 604 of title 5, United States Code, is amended to
read as follows:
``(b) The agency shall make copies of the final regulatory
flexibility analysis available to the public, including
placement of the entire analysis on the agency's website, and
shall publish in the Federal Register the final regulatory
flexibility analysis, or a summary thereof which includes the
telephone number, mailing address, and link to the website
where the complete analysis may be obtained.''.
(c) Cross-references to Other Analyses.--Subsection (a) of
section 605 of title 5, United States Code, is amended to
read as follows:
``(a) A Federal agency shall be treated as satisfying any
requirement regarding the content of an agenda or regulatory
flexibility analysis under section 602, 603, or 604, if such
agency provides in such agenda or analysis a cross-reference
to the specific portion of another agenda or analysis which
is required by any other law and which satisfies such
requirement.''.
(d) Certifications.--Subsection (b) of section 605 of title
5, United States Code, is amended--
(1) by inserting ``detailed'' before ``statement'' the
first place it appears; and
(2) by inserting ``and legal'' after ``factual''.
(e) Quantification Requirements.--Section 607 of title 5,
United States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
``In complying with sections 603 and 604, an agency shall
provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule and alternatives to the
proposed or final rule; or
``(2) a more general descriptive statement and a detailed
statement explaining why quantification is not practicable or
reliable.''.
SEC. 5. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL
POWERS OF THE CHIEF COUNSEL FOR ADVOCACY.
(a) In General.--Section 608 is amended to read as follows:
``Sec. 608. Additional powers of Chief Counsel for Advocacy
``(a)(1) Not later than 270 days after the date of the
enactment of the Regulatory Flexibility Improvements Act of
2011, the Chief Counsel for Advocacy of the Small Business
Administration shall, after opportunity for notice and
comment under section 553, issue rules governing agency
compliance with this chapter. The Chief Counsel may modify or
amend such rules after notice and comment under section 553.
This chapter (other than this subsection) shall not apply
with respect to the issuance, modification, and amendment of
rules under this paragraph.
``(2) An agency shall not issue rules which supplement the
rules issued under subsection (a) unless such agency has
first consulted with the Chief Counsel for Advocacy to ensure
that such supplemental rules comply with this chapter and the
rules issued under paragraph (1).
``(b) Notwithstanding any other law, the Chief Counsel for
Advocacy of the Small Business Administration may intervene
in any agency adjudication (unless such agency is authorized
to impose a fine or penalty under such adjudication), and may
inform the agency of the impact that any decision on the
record may have on small entities. The Chief Counsel shall
not initiate an appeal with respect to any adjudication in
which the Chief Counsel intervenes under this subsection.
``(c) The Chief Counsel for Advocacy may file comments in
response to any agency notice requesting comment, regardless
of whether the agency is required to file a general notice of
proposed rulemaking under section 553.''.
(b) Conforming Amendments.--
(1) Section 611(a)(1) of such title is amended by striking
``608(b),''.
(2) Section 611(a)(2) of such title is amended by striking
``608(b),''.
(3) Section 611(a)(3) of such title is amended--
(A) by striking subparagraph (B); and
(B) by striking ``(3)(A) A small entity'' and inserting the
following:
``(3) A small entity''.
SEC. 6. PROCEDURES FOR GATHERING COMMENTS.
Section 609 of title 5, United States Code, is amended by
striking subsection (b) and all that follows through the end
of the section and inserting the following:
``(b)(1) Prior to publication of any proposed rule
described in subsection (e), an agency making such rule shall
notify the Chief Counsel for Advocacy of the Small Business
Administration and provide the Chief Counsel with--
``(A) all materials prepared or utilized by the agency in
making the proposed rule, including the draft of the proposed
rule; and
``(B) information on the potential adverse and beneficial
economic impacts of the proposed rule on small entities and
the type of small entities that might be affected.
``(2) An agency shall not be required under paragraph (1)
to provide the exact language of any draft if the rule--
``(A) relates to the internal revenue laws of the United
States; or
``(B) is proposed by an independent regulatory agency (as
defined in section 3502(5) of title 44).
``(c) Not later than 15 days after the receipt of such
materials and information under subsection (b), the Chief
Counsel for Advocacy of the Small Business Administration
shall--
``(1) identify small entities or representatives of small
entities or a combination of both for the purpose of
obtaining advice, input, and recommendations from those
persons about the potential economic impacts of the proposed
rule and the compliance of the agency with section 603; and
``(2) convene a review panel consisting of an employee from
the Office of Advocacy of the Small Business Administration,
an employee from the agency making the rule, and in the case
of an agency other than an independent regulatory agency (as
defined in section 3502(5) of title 44), an employee from the
Office of Information and Regulatory Affairs of the Office of
Management and Budget to review the materials and information
provided to the Chief Counsel under subsection (b).
``(d)(1) Not later than 60 days after the review panel
described in subsection (c)(2) is convened, the Chief Counsel
for Advocacy of the Small Business Administration shall,
after consultation with the members of such panel, submit a
report to the agency and, in the case of an agency other than
an independent regulatory agency (as defined in section
3502(5) of title 44), the Office of Information and
Regulatory Affairs of the Office of Management and Budget.
``(2) Such report shall include an assessment of the
economic impact of the proposed rule on small entities,
including an assessment of the proposed rule's impact on the
cost that small entities pay for energy, and a discussion of
any alternatives that will minimize adverse significant
economic impacts or maximize beneficial significant economic
impacts on small entities.
``(3) Such report shall become part of the rulemaking
record. In the publication of the proposed rule, the agency
shall explain what actions, if any, the agency took in
response to such report.
``(e) A proposed rule is described by this subsection if
the Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget, the head of
the agency (or the delegatee of the head of the agency), or
an independent regulatory agency determines that the proposed
rule is likely to result in--
``(1) an annual effect on the economy of $100,000,000 or
more;
[[Page H8043]]
``(2) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local governments,
tribal organizations, or geographic regions;
``(3) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the
ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets; or
``(4) a significant economic impact on a substantial number
of small entities.
``(f) Upon application by the agency, the Chief Counsel for
Advocacy of the Small Business Administration may waive the
requirements of subsections (b) through (e) if the Chief
Counsel determines that compliance with the requirements of
such subsections are impracticable, unnecessary, or contrary
to the public interest.''.
SEC. 7. PERIODIC REVIEW OF RULES.
Section 610 of title 5, United States Code, is amended to
read as follows:
``Sec. 610. Periodic review of rules
``(a) Not later than 180 days after the enactment of the
Regulatory Flexibility Improvements Act of 2011, each agency
shall publish in the Federal Register and place on its
website a plan for the periodic review of rules issued by the
agency which the head of the agency determines have a
significant economic impact on a substantial number of small
entities. Such determination shall be made without regard to
whether the agency performed an analysis under section 604.
The purpose of the review shall be to determine whether such
rules should be continued without change, or should be
amended or rescinded, consistent with the stated objectives
of applicable statutes, to minimize any adverse significant
economic impacts or maximize any beneficial significant
economic impacts on a substantial number of small entities.
Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register and
subsequently placing the amended plan on the agency's
website.
``(b) The plan shall provide for the review of all such
agency rules existing on the date of the enactment of the
Regulatory Flexibility Improvements Act of 2011 within 10
years of the date of publication of the plan in the Federal
Register and for review of rules adopted after the date of
enactment of the Regulatory Flexibility Improvements Act of
2011 within 10 years after the publication of the final rule
in the Federal Register. If the head of the agency determines
that completion of the review of existing rules is not
feasible by the established date, the head of the agency
shall so certify in a statement published in the Federal
Register and may extend the review for not longer than 2
years after publication of notice of extension in the Federal
Register. Such certification and notice shall be sent to the
Chief Counsel for Advocacy of the Small Business
Administration and the Congress.
``(c) The plan shall include a section that details how an
agency will conduct outreach to and meaningfully include
small businesses for the purposes of carrying out this
section. The agency shall include in this section a plan for
how the agency will contact small businesses and gather their
input on existing agency rules.
``(d) Each agency shall annually submit a report regarding
the results of its review pursuant to such plan to the
Congress, the Chief Counsel for Advocacy of the Small
Business Administration, and, in the case of agencies other
than independent regulatory agencies (as defined in section
3502(5) of title 44) to the Administrator of the Office of
Information and Regulatory Affairs of the Office of
Management and Budget. Such report shall include the
identification of any rule with respect to which the head of
the agency made a determination described in paragraph (5) or
(6) of subsection (e) and a detailed explanation of the
reasons for such determination.
``(e) In reviewing a rule pursuant to subsections (a)
through (d), the agency shall amend or rescind the rule to
minimize any adverse significant economic impact on a
substantial number of small entities or disproportionate
economic impact on a specific class of small entities, or
maximize any beneficial significant economic impact of the
rule on a substantial number of small entities to the
greatest extent possible, consistent with the stated
objectives of applicable statutes. In amending or rescinding
the rule, the agency shall consider the following factors:
``(1) The continued need for the rule.
``(2) The nature of complaints received by the agency from
small entities concerning the rule.
``(3) Comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy of the Small Business
Administration.
``(4) The complexity of the rule.
``(5) The extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of
the agency determines it to be infeasible, State,
territorial, and local rules.
``(6) The contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such calculations cannot be made and reports
that determination in the annual report required under
subsection (d).
``(7) The length of time since the rule has been evaluated
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule.
``(f) The agency shall publish in the Federal Register and
on its website a list of rules to be reviewed pursuant to
such plan. Such publication shall include a brief description
of the rule, the reason why the agency determined that it has
a significant economic impact on a substantial number of
small entities (without regard to whether it had prepared a
final regulatory flexibility analysis for the rule), and
request comments from the public, the Chief Counsel for
Advocacy of the Small Business Administration, and the
Regulatory Enforcement Ombudsman concerning the enforcement
of the rule.''.
SEC. 8. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS
OF THE REGULATORY FLEXIBILITY ACT AVAILABLE
AFTER PUBLICATION OF THE FINAL RULE.
(a) In General.--Paragraph (1) of section 611(a) of title
5, United States Code, is amended by striking ``final agency
action'' and inserting ``such rule''.
(b) Jurisdiction.--Paragraph (2) of such section is amended
by inserting ``(or which would have such jurisdiction if
publication of the final rule constituted final agency
action)'' after ``provision of law,''.
(c) Time for Bringing Action.--Paragraph (3) of such
section is amended--
(1) by striking ``final agency action'' and inserting
``publication of the final rule''; and
(2) by inserting ``, in the case of a rule for which the
date of final agency action is the same date as the
publication of the final rule,'' after ``except that''.
(d) Intervention by Chief Counsel for Advocacy.--Subsection
(b) of section 612 of title 5, United States Code, is amended
by inserting before the first period ``or agency compliance
with section 601, 603, 604, 605(b), 609, or 610''.
SEC. 9. JURISDICTION OF COURT OF APPEALS OVER RULES
IMPLEMENTING THE REGULATORY FLEXIBILITY ACT.
(a) In General.--Section 2342 of title 28, United States
Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8) all final rules under section 608(a) of title 5.''.
(b) Conforming Amendments.--Paragraph (3) of section 2341
of title 28, United States Code, is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the Office of Advocacy of the Small Business
Administration, when the final rule is under section 608(a)
of title 5.''.
(c) Authorization to Intervene and Comment on Agency
Compliance With Administrative Procedure.--Subsection (b) of
section 612 of title 5, United States Code, is amended by
inserting ``chapter 5, and chapter 7,'' after ``this
chapter,''.
SEC. 10. CLERICAL AMENDMENTS.
(a) Section 601 of title 5, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking the semicolon at the end and inserting a
period; and
(B) by striking ``(1) the term'' and inserting the
following:
``(1) Agency.--The term'';
(2) in paragraph (3)--
(A) by striking the semicolon at the end and inserting a
period; and
(B) by striking ``(3) the term'' and inserting the
following:
``(3) Small business.--The term'';
(3) in paragraph (5)--
(A) by striking the semicolon at the end and inserting a
period; and
(B) by striking ``(5) the term'' and inserting the
following:
``(5) Small governmental jurisdiction.--The term''; and
(4) in paragraph (6)--
(A) by striking ``; and'' and inserting a period; and
(B) by striking ``(6) the term'' and inserting the
following:
``(6) Small entity.--The term''.
(b) The heading of section 605 of title 5, United States
Code, is amended to read as follows:
``Sec. 605. Incorporations by reference and certifications''.
(c) The table of sections for chapter 6 of title 5, United
States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following new item:
``605. Incorporations by reference and certifications.'';
(2) by striking the item relating to section 607 and
inserting the following new item:
``607. Quantification requirements.''; and
(3) by striking the item relating to section 608 and
inserting the following:
``608. Additional powers of Chief Counsel for Advocacy.''.
(d) Chapter 6 of title 5, United States Code, is amended as
follows:
(1) In section 603, by striking subsection (d).
(2) In section 604(a) by striking the second paragraph (6).
SEC. 11. AGENCY PREPARATION OF GUIDES.
Section 212(a)(5) the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) is amended to read
as follows:
``(5) Agency preparation of guides.--The agency shall, in
its sole discretion, taking into account the subject matter
of the rule and the language of relevant statutes, ensure
that the guide is written using sufficiently plain language
likely to be understood by affected small entities. Agencies
may prepare separate guides covering groups or classes of
similarly affected small entities and may cooperate with
associations of small entities to distribute such guides. In
developing guides, agencies shall solicit input from affected
small entities or associations of affected small entities. An
agency may prepare guides and apply this section with respect
to a rule or a group of related rules.''.
[[Page H8044]]
The CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in part A of House
Report 112-296. Each such amendment may be offered only in the order
printed in the report, by a Member designated in the report, shall be
considered read, shall be debatable for the time specified in the
report, equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be subject
to a demand for division of the question.
Amendment No. 1 Offered by Mr. Critz
The CHAIR. It is now in order to consider amendment No. 1 printed in
part A of House Report 112-296.
Mr. CRITZ. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 10, line 26, insert ``, or the cumulative impact of
any other rule stemming from the implementation of the Free
Trade Agreements,'' before ``on small entities''.
The CHAIR. Pursuant to House Resolution 477, the gentleman from
Pennsylvania (Mr. Critz) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. CRITZ. Mr. Chairman, I yield myself as much time as I may
consume.
Trade is critical to the growth of small business. A quarter of a
million U.S. companies export to foreign markets, the large majority of
them small and medium-sized enterprises that employ 500 or fewer
workers. In fact, according to the U.S. Chamber of Commerce, more than
230,000 small and medium enterprises now account for nearly 30 percent
of U.S. merchandise exports. The number of such companies exporting has
more than doubled since 1992 and, according to SBA, 96 percent of the
world's customers live outside the U.S., representing two-thirds of the
world's purchasing power.
Given this critical role, we need to make sure trade agreements
assist small businesses. Trade agreements should help reduce redtape
and increase transparency, but too often small businesses lack the
resources and foreign business partners available to large companies to
navigate through opaque customs and legal systems to reach their
customers.
Numerous fees and other nontariff barriers that can be no more than a
nuisance to large multinationals can be deal-breakers for small
companies. Trade agreements must streamline rules, reduce nontariff
barriers, and provide arbitration procedures so that even small U.S.
exporters can successfully participate in foreign markets.
{time} 1600
Trade agreements must also open up opportunities for small U.S.
exporters to compete for foreign government contracts. U.S. companies
should be given a fair shake at the important government procurement
market in these foreign countries. Such agreements can help to lower
the threshold at which contracts must be put out for competitive bid
ensuring that even small U.S. companies can be part of the process.
Some of those contracts for roads, schools, clinics, distance learning,
and medical equipment, for example, can be ideally suited to smaller
U.S. companies.
My amendment makes sure that small businesses are not forgotten when
trade agreements are implemented. It requires that agencies' regulatory
flexibility analyses assess the cumulative impact of any rule stemming
from the implementation of a free trade agreement. Doing so will make
certain that small firms' voices are part of the process in these
important deliberations.
Being part of the process will enable small firms to benefit from
trade agreements and use them as a means to access foreign markets and
customers. I urge Members to vote ``yes'' on this amendment.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Chairman, I claim time in opposition to the
amendment even though I do not oppose the amendment.
The CHAIR. Without objection, the gentleman is recognized for 5
minutes.
There was no objection.
Mr. SMITH of Texas. Mr. Chairman, I support this amendment.
The amendment aims to require an agency to account for rules
implementing the free trade agreements when the agency considers the
cumulative impact of a proposed rule. I support free trade because I
believe it is in the best interest of American business, workers, and
consumers alike.
The gentleman from Pennsylvania and I may differ on this issue, but
in the context of this amendment, that is beside the point. It can't
hurt to make sure that agencies consider the impact of rules
implementing the free trade agreements in their regulatory cumulative
impact calculations. I don't think the analysis will show that free
trade destroys American small businesses. Quite the opposite is true,
in fact. But that isn't a reason not to do the analysis. We should know
how these kinds of regulations contribute to the cumulative regulatory
burden on small businesses.
In conclusion, Mr. Chairman, I do support this amendment and hope to
have the gentleman from Pennsylvania's support for the bill on final
passage.
I yield back the balance of my time.
Mr. CRITZ. I urge a ``yes'' vote on my amendment, and I yield back
the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Pennsylvania (Mr. Critz).
The amendment was agreed to.
Amendment No. 2 Offered by Ms. Jackson Lee of Texas
The CHAIR. It is now in order to consider amendment No. 2 printed in
part A of House Report 112-296.
Ms. JACKSON LEE of Texas. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 23, add the following after line 24 and redesignate
succeeding sections (and references thereto) accordingly:
SEC. 9. EXEMPTION FOR CERTAIN RULES.
(a) In General.--Chapter 6 of title 5, United States Code,
is amended by adding at the end the following new section:
``Sec. 613. Exemption for certain rules
``Sections 601 through 612, as amended by the Regulatory
Flexibility Improvements Act of 2011, shall not apply in the
case of any rule promulgated by the Department of Homeland
Security. The provisions of this chapter, as in effect before
the enactment of the Regulatory Flexibility Improvements Act
of 2011, shall continue to apply, after such enactment, to
any rule described in the preceding sentence.''.
(b) Clerical Amendment.--The table of sections for chapter
6 of title 5, United States Code, is amended by adding after
the item relating to section 612 the following new item:
``613. Exemption for certain rules.''.
Page 24, line 13, insert after ``5'' the following:
``(other than rules to which section 613 of title 5
applies)''.
Page 27, lines 5 and 6, strike ``The agency shall'' and
insert the following:
``(A) In general.--Subject to subparagraph (B), the agency
shall''.
Page 27, line 18, strike the quotation marks and second
period.
Page 27, add the following after line 18:
``(B) Treatment of certain rules.--In the case of any rule
promulgated by the Department of Homeland Security, this
paragraph as in effect before the enactment of the Regulatory
Flexibility Improvements Act of 2011, shall continue to
apply, after such enactment, to any such rule, in lieu of
subparagraph (A).''.
The CHAIR. Pursuant to House Resolution 477, the gentlewoman from
Texas (Ms. Jackson Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
I rise today to call upon the rational and reasonable thinking of my
colleagues on both sides of the aisle and really discuss an amendment
that speaks the obvious.
The underlying bill puts into process a regulatory scheme that delays
the implementation of regulations. Whether you agree or disagree with
that approach, we all recognize that securing the homeland continues to
be a top priority for this Nation.
I'm standing alongside some of our first responders looking over one
of the Nation's major ports. Many who live in those areas recognize the
vulnerability of America through her ports or aviation or mass transit
or highways or bridges or dams.
[[Page H8045]]
Every moment after 9/11 is a new moment in this Nation. My amendment
simply says to waive the provisions of this bill, H.R. 527, when it
deals with homeland security.
I hold in my hand the National Security Threat List that lists the
issues that our Homeland Security Department and intelligence
communities have to address. The listing is not classified, so I will
mention the many tasks that they have to address: terrorism, espionage,
proliferation, the moving forward on the question of economic
espionage, targeting the national information structure, cybersecurity.
Why would we want to interfere with the movement of regulations to
protect the homeland under the premise of this bill?
I ask my colleagues to support the Jackson Lee amendment that would
waive the bill's provisions in light of protecting the homeland.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR (Mr. Bishop of Utah). The gentleman is recognized
for 5 minutes.
Mr. SMITH of Texas. I am prepared to close; so I will reserve the
balance of my time.
Ms. JACKSON LEE of Texas. Mr. Chairman, I yield myself the balance of
my time.
The Acting CHAIR. The gentlewoman is recognized for 3 minutes.
Ms. JACKSON LEE of Texas. Let me again appeal to the bipartisanship
of my colleagues. This is a very troublesome bill, and this bill
interferes with the normal process, if you will, of dealing with the
regulatory scheme. Although it's called the Regulatory Flexibility Act,
I can assure you that the purpose of this legislation is, one, not to
create jobs, and certainly not to help us secure the homeland.
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. This is what Homeland Security
regulations would have to go through.
Since the creation of the Department of Homeland Security in 2002 and
since my membership on the committee that was a select committee, we've
overhauled the government in ways we've never done before. Steps have
been taken to ensure that the communication failures that led to 9/11
are corrected.
More than 220 million tons of cargo moved, for example, through the
Port of Houston in 2010. That cargo has to be inspected. And the port
ranked first in foreign waterborne tonnage for the 15th consecutive
year. Just imagine a regulation dealing with the scanning or the
security of that tonnage to be interfered with by H.R. 527.
If Coast Guard intelligence had evidence of a potential attack on the
Port of Houston and they wanted the Department of Homeland Security to
address it or they used a regulation or there was a regulation in
process, then it would have to be stopped by this legislation.
It is important to recognize that homeland security is not security
by appointment. It is not security by ``let me address regulations by
having them vetted by H.R. 527.''
This is a commonsense amendment that simply says, as it deals with
the homeland security or the securing of our Nation as we look to be
better than what occurred in 9/11 where agencies were not communicating
with each other, where the fault of the cybersecurity system did not
work, and we had the heinous tragedy of losing 3,000-plus of our souls
in New York City. As we see the franchising of terrorism where there is
the shoe bomber and the Christmas Day bomber and the Times Square
bomber, it's important not to have a fettered Homeland Security
Department in a regulatory process that is stopped by overlying
legislation.
This legislation is a job-killer, we already know. Let's not let it
be a killer of Americans because it gets in the way of Homeland
Security efforts doing the work that is necessary.
I ask my colleagues to support the Jackson Lee amendment that asks
simply for a waiver of this legislation as it addresses the question of
securing the homeland and the regulatory scheme that is needed by
intelligence agencies, our Border Patrol agencies, our TSOs that deal
with aviation security, our cargo inspectors. As it relates to that
work, our front line, let us waive this legislation.
Mr. Chair, I rise today in support of my amendment to H.R. 527, the
Regulatory Flexibility Improvements Act of 2011. This bill would amend
the Regulatory Flexibility Act, RFA. The bill would expand the number
of rules covered by the RFA and requires Federal agencies to perform
additional analysis of regulations that affect small businesses.
As a senior member of the Homeland Security and ranking member of the
Transportation Security Subcommittee, I am very concerned about any
legislation that would hinder the Department of Homeland Security's
ability to respond to an emergency, which is why the Department of
Homeland Security, DHS, should be exempt from this legislation.
This bill delays the promulgation of federal regulations, and delays
a Federal agency's ability to issue regulations when responding to an
emergency and grants the Small Business Administration's, SBA, Office
of Advocacy additional authority to intervene in agency rulemaking,
without providing additional funding. Further, H.R. 527 repeals an
agency's authority to waive regulatory analysis during an emergency.
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.
There is no need for this legislation, aside from the need of some of
my colleagues to protect corporate interests. This bill would make it
more difficult for the government to protect its citizens, and in the
case of the Department of Homeland Security, it endangers the lives of
our citizens.
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. The Department of Homeland Security cannot react
to the constantly changing threat landscape effectively if they are
subject to this bill.
Since the creation of the Department of Homeland Security in 2002, we
have overhauled the government in ways never done before. Steps have
been taken to ensure that the communication failures that led to 9/11
do not happen again. The Department of Homeland Security has helped
push the United States forward in how we protect our Nation. Continuing
to make advances in homeland security and intelligence is the best way
to combat the threats we still face.
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.
The Coast Guard, under the directive of the Department of Homeland
Security, is tasked with protecting our ports of entry. 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 2010, 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.
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.
[[Page H8046]]
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 can hinder the Department of Homeland Security's ability to
protect the safety and security of the American people.
This bill expands the review that agencies must conduct before
issuing new regulations and the review they must conduct of existing
rules to include an evaluation of the ``indirect'' costs of
regulations, and grants the SBA authority to intervene in agency
rulemaking. The measure also expands the ability of small businesses
and other small entities impacted by an agency's regulations to
challenge those rules in court.
Under current law, the process already takes as long as eight years
to complete. Given the nature of its mission, the Department of
Homeland Security is the last agency that needs to be subject to more
levels of regulation and scrutiny. Some advocates groups also have
expressed concern that by extending the rulemaking process, regulatory
uncertainty could increase, which may make it more cost effective for
agencies to seek enforcement through the courts, and thereby reduce the
public's ability to participate in the process.
These costs add to the cost of doing business with the Department of
Homeland Security, and eat away at the profits of our businesses,
particularly our small businesses which often are not as equipped to
absorb additional costs. Moreover, many businesses dealing with
national security have higher costs because of expensive equipment, and
as such are already working with lower profit margins.
The prolonged or indefinite delay of these life saving regulations
threaten the security, stability, and the delivery of vital services to
the American people. I cannot speak for my colleagues on the other side
of the aisle, but I certainly do not want to slow the promulgation of
regulations to a drip.
I have offered this amendment to mitigate the uncertainty regarding
federal laws and rulemaking in the area of national security because of
the increased urgency when dealing with these often sensitive matters.
The Department of Homeland Security is the newest federal agency, and
as such already is subject to pioneering levels of oversight and
scrutiny.
I urge the Committee to make my amendment in order to ensure that
life saving regulations promulgated by the Department of Homeland
Security are not unnecessarily delayed by this legislation.
{time} 1610
Mr. SMITH of Texas. Mr. Chairman, I yield myself the balance of my
time.
The bill only requires agencies to do what common sense and current
laws dictate they should be doing right now. The Department of Homeland
Security is not exempt from the Regulatory Flexibility Act. Like other
agencies, the Department should analyze how a new regulation will
affect small businesses before issuing the regulation. If the
Department needs to issue a regulation in a true emergency situation,
such as one involving national security, it can already do so under the
``good cause'' exception to notice-and-comment rulemaking in the
Administrative Procedure Act. This good cause exception would allow the
agency to bypass the analysis required by the Regulatory Flexibility
Act as well.
As written, the amendment would exempt the Department from H.R. 527
but not from the Regulatory Flexibility Act, itself. The result of this
would be two versions of the Regulatory Flexibility Act at play in the
Federal Government--one for the Department and one for everyone else.
Small businesses do not need any more confusion and uncertainty when
they are trying to participate in the Federal regulatory process.
For these reasons, I oppose the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. JACKSON LEE of Texas. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
Amendment No. 3 Offered by Mr. Cohen
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part A of House Report 112-296.
Mr. COHEN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 23, add the following after line 24 and redesignate
succeeding sections (and references thereto) accordingly:
SEC. 9. EXEMPTION FOR CERTAIN RULES.
(a) In General.--Chapter 6 of title 5, United States Code,
is amended by adding at the end the following new section:
``Sec. 613. Exemption for certain rules
``Sections 601 through 612, as amended by the Regulatory
Flexibility Improvements Act of 2011, shall not apply in the
case of any rule that relates to the safety of food, the
safety of the workplace, air quality, the safety of consumer
products, or water quality. The provisions of this chapter,
as in effect before the enactment of the Regulatory
Flexibility Improvements Act of 2011, shall continue to
apply, after such enactment, to any rule described in the
preceding sentence.''.
(b) Clerical Amendment.--The table of sections for chapter
6 of title 5, United States Code, is amended by adding after
the item relating to section 612 the following new item:
``613. Exemption for certain rules.''.
Page 24, line 13, insert after ``5'' the following:
``(other than rules to which section 613 of title 5
applies)''.
Page 27, lines 5 and 6, strike ``The agency shall'' and
insert the following:
``(A) In general.--Subject to subparagraph (B), the agency
shall''.
Page 27, line 18, strike the quotation marks and second
period.
Page 27, add the following after line 18:
``(B) Treatment of certain rules.--In the case of any rule
that relates to the safety of food, the safety of the
workplace, air quality, the safety of consumer products, or
water quality, this paragraph as in effect before the
enactment of the Regulatory Flexibility Improvements Act of
2011, shall continue to apply, after such enactment, to any
such rule, in lieu of subparagraph (A).''.
The Acting CHAIR. Pursuant to House Resolution 477, the gentleman
from Tennessee (Mr. Cohen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. COHEN. I yield myself such time as I may consume.
My amendment would exempt from this particular bill the rules it has
when it relates to food safety, workplace safety, consumer product
safety, air quality, and water quality--things we all hold dear, things
that will be jeopardized if this bill passes.
As I noted in my opening remarks, this threatens to halt agencies'
ability to promulgate rules by adding analytical requirements and
numerous opportunities for industry to challenge agency rulemaking. Yet
you should be able to challenge agency rulemaking, but courts shouldn't
be able to summarily throw them out based on a lack of knowledge that
they have of an area in which the agencies are really expert, but
that's what would happen.
The societal cost of enacting H.R. 527 would be to place public
health and safety at risk. As we enter this holiday season, it would be
well to remember that the reason we take for granted that the food we
eat and the water we drink--and the drinks we drink--at all our holiday
dinners and receptions won't kill us or sicken us is because of
effective rulemaking. Likewise, because of strong regulations, we can
take for granted that toys given to our children or grandchildren won't
poison them; but the consequences of failing to regulate can be dire.
In 2006 24-year-old Jillian Castro became gravely ill after eating
spinach tainted with E. coli bacteria. Her organs were rapidly
deteriorating; her kidneys were failing; her red blood cells and
platelets were dropping rapidly; and she nearly died.
According to the best available estimates by public health and food
safety experts, millions of illnesses and thousands of deaths each year
in this country can be traced to contaminated food.
The Centers for Disease Control and Prevention estimates that
foodborne microorganisms have caused 48 million illnesses, 128,000
hospitalizations, and 3,000 deaths. Many of these could be avoided with
the proper regulations of food and drug. That's why I ask that food
safety be eliminated from this
[[Page H8047]]
bill, because it will be expensive to treat these people, let alone the
fact that they will die. The CDC estimates that salmonella alone
affects a million people a year. Just today, the Food and Drug
Administration issued a recall of grape tomatoes because of potential
salmonella contamination.
Other recent examples of regulatory failure include the Listeria-
tainted cantaloupes that killed 29 people across the country in
October. Pedal entrapment issues that cause cars to accelerate
unexpectedly resulted in Toyota's recall of nearly 2 million vehicles.
There was Mattel's recall of nearly a million toys in 2007 because the
toys were covered in lead paint. There are other examples of this.
Public health and safety precautions have been on the books for a
long time and were passed with bipartisan support. The fact is there
were more regulations during President Bush's term than there were
overall in President Obama's when you calculate the time they've been
in office. Yet there was no call to cut back when President Bush was in
office. It's only since President Obama has been in office.
The Pure Food and Drug Act was enacted in 1906 by Teddy Roosevelt,
then the Food, Drug and Cosmetics Act in 1938. The Clean Air Act and
the Occupational Safety and Health Act were enacted in 1970 when
Richard Nixon was President. The Clean Water Act was enacted in 1977.
They've served our country well for many years.
If H.R. 527 is enacted without adopting this amendment, we can no
longer take protections from these harms for granted because, in the
future, agencies will be hamstrung from passing regulations to protect
the public.
I would urge us to pass this amendment and to protect our workers,
our consumers, our small businesses, and our small business people when
they eat their breakfasts, their lunches and their dinners, when they
buy toys for their children and their grandchildren, when they drive
their cars, and when they work in their workplaces.
I yield back the balance of my time and ask for a positive vote.
Mr. SMITH of Texas. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Texas. Mr. Chairman, even the President and his
regulatory czar, Professor Cass Sunstein, admit that over-regulation
hampers job creation. The Regulatory Flexibility Act of 1980 is based
on the fact that regulatory compliance is especially costly for small
businesses, which are America's main job creators. In this economy, we
have no room for error when it comes to over-regulation.
The bill ensures that all agencies follow the Regulatory Flexibility
Act. H.R. 527 does not ask agencies to do anything that they should not
be doing already right now.
There is no reason to create the blanket exemptions proposed by this
amendment. There are no such exemptions currently in the Regulatory
Flexibility Act for the categories of rules described in the amendment.
Further, the amendment would create tremendous confusion among agencies
and small businesses regarding which version of the law would apply to
a future rulemaking. We need less confusion and uncertainty, not more,
in the regulatory process.
If the amendment stems from a concern about the ability of agencies
to make rules in emergency situations, I would note once again that
agencies may avail themselves of the ``good cause'' exception to the
notice-and-comment rulemaking process already in the Administrative
Procedure Act. If an agency justifiably invokes this exemption, it will
not have to conduct the analysis required under the Regulatory
Flexibility Act.
For these reasons, I oppose this amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Cohen).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. COHEN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Tennessee
will be postponed.
Amendment No. 4 Offered by Mr. Peters
The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part A of House Report 112-296.
Mr. PETERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 27, insert after line 18 the following:
SEC. 12. EXCEPTION FOR CERTAIN RULES.
Chapter 6 of title 5, United States Code, 212(a)(5) the
Small Business Regulatory Enforcement Fairness Act of 1996,
section 2341 of title 28, United States Code, and section
2342 of such title, as amended by this Act, shall not apply
in the case of any proposed rule, final rule, or guidance
that the Director of the Office of Management and Budget
determines will result in net job creation. Chapter 6 of
title 5, United States Code, 212(a)(5) the Small Business
Regulatory Enforcement Fairness Act of 1996, section 2341 of
title 28, United States Code, and section 2342 of such title,
as in effect before the enactment of this Act shall apply to
such proposed rules, final rules, or guidance, as
appropriate.
Page 1, in the matter preceding line 6, insert after the
item relating to section 11 the following:
Sec. 12. Exception for certain rules.
The Acting CHAIR. Pursuant to House Resolution 477, the gentleman
from Michigan (Mr. Peters) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. PETERS. Mr. Chairman, I yield myself such time as I may consume.
There is no question that Congress must act immediately to help our
Nation's small businesses succeed, create jobs and boost our economy.
Unfortunately, instead of moving commonsense legislation to extend the
payroll tax cuts for middle class families and enacting the American
Jobs Act to help small businesses afford new hires and investments, we
are today considering H.R. 527, the Regulatory Flexibility Improvements
Act.
This legislation, while well intentioned, is a step in the wrong
direction. In addition to making it more difficult for agencies to take
action to protect workers and the public, it will also slow down agency
guidance that could help create certainty and spur job creation. This
bill will create ``paralysis by analysis'' by subjecting any action an
agency proposes to a lengthy regulatory process. Even agency guidance
issued to small businesses clarifying how well they can comply with
existing rules will be slowed down considerably.
This is why I've put forward an amendment to improve this bill and to
cut through the additional red tape that it creates when it matters
most, which is when new jobs are on the line. My amendment simply says
that the new administrative hurdles that this bill creates will not
apply to any rule, final rule or guidance that the Director of OMB
determines will result in net job creation.
{time} 1620
While my Republican colleagues keep repeating the story that new
regulations are slowing down our economic growth, this simply isn't the
case. A recent study by the National Federation of Independent
Businesses of its members found that ``poor sales,'' and not
regulation, is the biggest problem facing businesses today.
Effective regulations can promote job growth and put Americans back
to work. As someone living in southeast Michigan, I have seen firsthand
the way increased fuel economy standards have made American autos more
competitive while also saving drivers money on gas and helping our
environment. According to the United Auto Workers and the National
Resources Defense Council, these new standards have already led to the
creation of more than 100,000 jobs.
Whether it is providing small businesses with the guidance they need
so that they can have the certainty while making investment and hiring
decisions or enacting environmental reforms to help bring about the
next generation of green technology, the Federal Government cannot
waste any more time dragging its feet when it comes to job creation.
For years, my friends on the other side of the aisle have repeatedly
railed against government red tape. But let's be clear: If they oppose
this amendment, they will, in fact, be voting to
[[Page H8048]]
create more red tape and stymie small business job creation.
I urge my colleagues to support this commonsense, pro-jobs amendment.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Texas. I am prepared to close; so I reserve the balance
of my time.
The Acting CHAIR. The gentleman from Michigan has 2 minutes
remaining.
Mr. PETERS. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The Chair recognizes the gentleman from Texas.
Mr. SMITH of Texas. Thank you, Mr. Chairman.
First of all, I would like to point out that the National Federation
of Independent Business actually does support this legislation. I also
would like for the record to show that a recent Gallup poll taken on
October 24 of this year said that small business owners themselves cite
``complying with government regulations'' as their most important
problem. Now, that's why we are here today.
Mr. Chairman, I oppose this amendment because it puts the cart before
the horse. The reason we require agencies to conduct regulatory
flexibility analysis is so the agencies and the public will know how a
new regulation will affect small businesses before the agency issues
the regulation.
The amendment would exempt from the Regulatory Flexibility Act any
rule that would result in net job creation. We certainly know that
regulations can destroy jobs. Even the administration acknowledges
that.
Whether regulations can ever truly create jobs is another question
all together. Assuming that a regulation could create jobs, an agency
will not know this without analysis first, which is what the bill
requires agencies to do.
There is no good reason to transfer this responsibility to conduct
this analysis from the agency, themselves, to the Office of Management
and Budget, as the amendment proposes.
For these reasons, I oppose the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Peters).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. PETERS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Michigan
will be postponed.
Amendment No. 5 Offered by Ms. Jackson Lee of Texas
The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part A of House Report 112-296.
Ms. JACKSON LEE of Texas. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add, at the end of the bill, the following:
SEC. 12. GAO REPORT.
Not later than 2 years after the date of enactment of this
Act, the Comptroller General shall submit to the Congress a
report on the cost effectiveness of the amendments made by
this Act. Such report shall include the following:
(1) A list of all additional costs and resources that each
agency will have to expend to carry out this Act and the
amendments made by this Act.
(2) The effect of this Act and the amendments made by this
Act on the efficiency of the rule making process (including
the amount of time required to make and implement a new
rule).
(3) To what extent this Act or the amendments made by this
Act will impact the making and implementation of new rules in
the event of an emergency.
(4) The overall effectiveness of this Act or the amendments
made by this Act (including the extent to which agencies are
in compliance with the Act or the amendments to the Act).
The Acting CHAIR. Pursuant to House Resolution 477, the gentlewoman
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
I would like to think that our colleagues are in their offices
communicating with their constituents and doing much of the work that
we do and writing probably other great legislative initiatives, and
they are paying attention to this debate and they keep hearing the
words ``small businesses'' and they want to know why would any of us
have a disagreement about small businesses when we have, I think, a
consensus that small business are in fact the backbone of America; they
are the job creators of America.
I recall many of us have initiatives. I have an initiative of
visiting small businesses. Just a couple of weeks ago, I donned the
clothing of a medical practice. I went to a beauty school and tried to
do a little bit of hair design. I went to an energy company. I went on
to a small export-import company, and I stood out as a safety officer
for a construction company owned by a single mother.
So we all speak the language of small businesses. And you would think
that my good friends on the other side of the aisle would have looked
more closely at how damaging H.R. 527 is because, for those who may be
listening in their offices and others, right now you have a three-
agency framework of reviewing regulations dealing with small
businesses.
Now you're going to include that all the agencies have to get into
the act in stifling small businesses' activities and their growth and
opportunity. Remember now, right now we have three, and then we're
going to open up the lot so that every agency now has to go through a
regulatory process to determine its impact on small businesses. It
expands the use of small business review panels to review rules
promulgated by all agencies to include all major rules, and some of
these, of course, having the positive impact on our small businesses.
What is the significant economic impact? Nobody knows. It forces
agencies to engage in wasteful, speculative analysis. It imposes an
absurd and wasteful requirement on those agencies.
So I have a simple amendment. Ask the question beforehand: What is
the economic impact of all of this vast new inclusion of other agencies
to come down on our small businesses? It requires my amendment, a GAO
study, to determine the cost of carrying out this bill and the effect
it will have on Federal agency rulemaking. Simple, bipartisan
amendment, I ask my colleagues to join me in supporting it.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Texas. Mr. Chairman, I am prepared to close; so I
reserve the balance of my time.
The Acting CHAIR. The gentlewoman from Texas has 2\1/2\ minutes
remaining.
Ms. JACKSON LEE of Texas. I thank the gentleman.
Let me just continue looking for bipartisanship. I am hoping that I
can convince my friend from Texas to not desire to have a can of worms,
a potpourri of agencies coming out with the hand of oppression on small
businesses.
This is a simple question that I'm asking. The GAO, the Government
Accountability Office, simply would be asking the question: What is the
significant economic impact on a substantial number of small entities
which will greatly slow down the rulemaking process and substantially
empower other competitors to small business to throw sand in the gears
of rulemaking that will help small businesses, women-owned businesses,
minority-owned businesses, disabled veterans?
What is the reason for not agreeing to an important study? It forces
agencies to again engage in wasteful, speculative analysis, including
an assessment of all reasonably foreseeable indirect economic effects.
We can do it ahead of time. Will this kill jobs is the question. It
expands judicial review to include all agency actions and not just
final agency action.
Mr. Chairman, can we not find an opportunity to come together on
this? I would much rather have a report to tell me how many small
businesses will shut down waiting for agency review of the rules that
would be helpful to them.
Have we engaged with the Small Business Committee? Has anyone
[[Page H8049]]
asked the ranking member of that committee, even the chairman of that
committee, who are champions of small business? I don't think I have
seen the chairperson, but I have seen the ranking member, who listens
to small businesses across the country. If there is a regulation that
is going to help a small business, this bill kills it.
The small businesses are hanging on for dear life. Pass the rule.
Pass the rule. Now you have put in all these agencies, dilly-dallying
around trying to be able to find a way to stifle the growth of the
small business.
Mr. Chairman, common sense tells Members that it doesn't hurt to have
just this one bipartisan effort to get the answer of the economic
impact beforehand. Down in Texas we say, close the barn door before the
cow gets out, or the cart before the horse, the horse before the cart.
We've got all of that. We've got confusion.
I am simply having a simple amendment that would allow the GAO to
report on how we can better serve our small businesses and create the
jobs that are necessary. I ask my colleagues, including Mr. Smith, to
support this amendment.
Mr. Chair, I rise today in support of my amendment to H.R. 527, the
``Regulatory Flexibility Improvements Act of 2011.'' My amendment would
require a GAO study to determine the cost of carrying out this bill and
the effect it will have on federal agency rulemaking. In addition, the
report must contain information on the impact of repealing the ability
of an agency to waive provisions in the Regulatory Flexibility Act when
responding to an emergency.
This bill would amend the Regulatory Flexibility Act of 1980 in such
a manner that it would result in significant delays in the agency rule-
making processes by mandating multi-agency analyses of both direct and
indirect costs for rules proposed or finalized by a single agency.
My amendment simply requires that the Comptroller General, within 2
years after the enactment of the legislation, issue a report to
Congress on the cost effectiveness of the changes implemented by this
Act.
The report would list all additional costs and resources that each
agency will have to expend to carry out this Act and the amendments
made by the Act.
It would also show the effect of this Act and its amendments on the
efficiency of the rule making process, including the amount of time
required to make and implements a new rule.
This study would report on any impact that this Act or its amendments
would have on the ability to implement new agencies in the event of an
emergency. Lastly, this study would examine the overall compliance of
agencies with the Regulatory Flexibility Improvement Act (RFIA).
By requiring that multiple agencies conduct detailed economic
analyses of a rule proposed by a single agency, each agency will have
to expend time and resources to uncover the indirect economic effects
of the proposed rule. This is unduly burdensome on a process that is
already sufficient in length, as rules currently require a 30 day
period after publication prior to effectiveness.
There is one overarching problem with H.R. 527. Although it claims to
make improvements, one thing it does not do is provide the needed
clarification that the GAO has repeatedly pointed out, and that the
agencies have asked for.
In the past, there have been GAO reports showing incidents of agency
noncompliance with the current regulatory flexibility rules for rule
making. The reports cited that this noncompliance is due largely to
confusion surrounding the meaning of ``significant economic impact on a
substantial number of small entities.'' Agencies have expressed the
need to better clarification of this clause to aide them in determining
when rule making analysis and review is necessary.
Another part of this expanded review and analysis called for in H.R.
527 that concerns me is the potential it has to impede upon emergency
rulemaking. Every so often, there are instances when an agency has to
implement a new rule or regulation in response to an emergency. Under
the current law, there is an exception allowing agencies to bypass the
review process in the event of an emergency. The provisions of this
bill cloud that exception.
Furthermore, the rule-making process is made more cumbersome and
expensive by requiring multi-agency review. If the purported reason for
amending the Regulatory Flexibility Act with this bill is to save the
American taxpayers money by including provisions requiring analyses of
direct and indirect effects of proposed rules, then it should follow
that the costs of implementing such provisions should not outweigh the
benefits they provide.
My amendment will ensure just that by requiring the Comptroller
General to issue a report to Congress that includes (1) the additional
costs and resources that each agency must expend to maintain compliance
with this Act, (2) an analysis of the effect that this Act has on the
efficiency of the rule-making process, and (3) an analysis of the
potential difficulties that may arise in an emergency situation in
which an agency must implement new rules.
If the process by which government agencies create rules is changed
to require the disclosure of all costs associated with a proposed rule,
then shouldn't the Act that makes such changes have its own costs to
the American taxpayers disclosed? My amendment will ensure that this
disclosure is made to the public upon this legislation's enactment.
I yield back the balance of my time.
{time} 1630
Mr. SMITH of Texas. Mr. Chairman, I yield myself the balance of my
time.
I oppose this amendment because it is unnecessary and would result in
a biased study by the Government Accountability Office.
The study proposed by the amendment focuses excessively on costs to
agencies to comply with the Regulatory Flexibility Act, and how the
bill would affect agencies' abilities to pass new regulations. The
study would not focus enough on how the bill would benefit small
businesses and lead to better regulations, which is where our focus
should be.
It is worthwhile to require agencies to finally comply with the law.
That is especially true if it means that agencies will reduce
unnecessary regulatory burdens and free small businesses to create
jobs.
In the future, I certainly would like to know whether agencies comply
with the Regulatory Flexibility Act as amended by this bill, or whether
they remain disobedient. This amendment, however, favors the idea that
the bill places too heavy of a burden on regulators.
Fundamentally, the purpose of the Regulatory Flexibility Act is to
reduce the regulatory burden on small businesses, not on agencies. Job
creators, not job regulators, are the key to our economic recovery.
Mr. Chairman, for these reasons, I oppose the amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. JACKSON LEE of Texas. I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
Amendment No. 6 Offered by Mr. Johnson of Georgia
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in part A of House Report 112-296.
Mr. JOHNSON of Georgia. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of the bill the following:
SEC. 12. APPLICATION WITH REGARD TO CERTAIN STATUTE.
None of the amendments made by this Act shall apply to any
rule making to carry out the FDA Food Safety Modernization
Act (21 U.S.C. 2201 note).
The Acting CHAIR. Pursuant to House Resolution 477, the gentleman
from Georgia (Mr. Johnson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Georgia.
Mr. JOHNSON of Georgia. Mr. Chairman, I rise today in support of my
amendment to this hazardous and radioactive bill called the Regulatory
Flexibility Improvements Act.
Now, I want this body to consider my amendment to the bill for the
following reason: The FDA Food Safety Modernization Act became law in
January of this year, January 4, 2011. It was necessitated by a
continuing series of incidents, such as the October 2009 Stephanie
Smith incident, which I will tell you a little bit about. She's a
children's dance instructor from Minnesota. She became partially
paralyzed from E. coli. According to a New York Times article, ``The
frozen hamburgers that the Smiths ate, which were made
[[Page H8050]]
by the food giant Cargill, were labeled `American Chef's Selection
Angus Beef Patties.' Yet confidential grinding logs and other Cargill
records show that the hamburgers were made from a mix of slaughterhouse
trimmings and a mash-like product derived from scraps that were ground
together in a plant in Wisconsin. The ingredients came from
slaughterhouses in Nebraska, Texas, and Uruguay, and from a South
Dakota company that processes fatty trimmings and treats them with
ammonia to kill bacteria.'' Stephanie has sued Cargill, and I know that
many of my colleagues on the other side of the aisle would want to
limit her ability to recover for this injury through misguided so-
called tort reform.
But getting back to this matter, this amendment is simple. It would
ensure that Americans have access to safe and untainted food. It would
create an exception for any rulemaking that seeks to carry out the FDA
Food Safety Modernization Act.
Every year one in six Americans gets sick from foodborne diseases.
The FDA Food Safety Modernization Act enables the FDA to better protect
public health by strengthening the food safety system.
This bill would make it virtually impossible for Federal agencies to
protect public health and safety. Nobody likes to be tied up in
redtape, but this bill would bring regulations to a halt and make it
virtually impossible to enact new regulations. Currently, rulemaking
agencies must make an analysis for every new rule that would have
significant economic impact on a substantial number of small entities,
such as small businesses.
However, agencies have the authority to waive or delay this analysis
in emergency situations. Now, this bill, Mr. Chairman, would require
agencies to determine the indirect costs a rule has on a business, and
repeal the authority of an agency to waive or delay this analysis in
response to an emergency that makes timely compliance impractical or
imprudent.
This summer there was a listeria outbreak linked to cantaloupes that
sickened 139 people and killed 29. Just today, The Washington Post
reports that Consumer Reports released an alarming study that found
high levels of arsenic in samples of apple juice. Consumer Reports is
now calling on the FDA to set standards for arsenic levels for apple
and grape juices.
The Consumer Reports Group is now suggesting that parents restrict
juice consumption to children up to 6 years old to no more than 6
ounces per day. For older children, it recommends no more than 8 to 12
ounces a day.
Now is not the time to hamper agencies, such as the FDA, that are
charged with keeping the American public safe. If there is a legitimate
concern that our food supply may be tainted, the FDA needs the
authority to act quickly and without delay. It's essential that the FDA
have the ability to conduct inspections as well as prevention programs
without having to go through speculative paralysis of analysis of a
proposed rule, nor should the FDA be forced to justify existing rules.
Mr. Chairman, I urge support for my amendment, and I yield back the
balance of my time.
Mr. SMITH of Texas. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Texas. I oppose this amendment because it carves out an
exception to the bill for regulations under the Food and Drug
Administration.
If agencies were doing the depth of pre-regulatory analysis they are
supposed to be doing under the Regulatory Flexibility Act, then we
wouldn't be here today.
Small businesses create jobs, and jobs are the key to economic
recovery. To help small businesses--like minority-owned restaurants,
for example--create jobs, we need to reduce, not increase, the
regulatory burden on them.
The FDA is not currently exempt from the Regulatory Flexibility Act,
so it makes no sense to exempt the FDA from the bill, either.
This amendment also would create confusion within the FDA by
exempting only its responsibilities under the Food Safety Modernization
Act from this bill. There should not be two versions of the Regulatory
Flexibility Act in play at the FDA.
For these reasons, I oppose the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Johnson).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. JOHNSON of Georgia. I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Georgia will
be postponed.
{time} 1640
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part A of House Report
112-296 on which further proceedings were postponed, in the following
order:
Amendment No. 2 by Ms. Jackson Lee of Texas.
Amendment No. 3 by Mr. Cohen of Tennessee.
Amendment No. 4 by Mr. Peters of Michigan.
Amendment No. 5 by Ms. Jackson Lee of Texas.
Amendment No. 6 by Mr. Johnson of Georgia.
The Chair will reduce to 2 minutes the minimum time for any
electronic vote after the first vote in this series.
Amendment No. 2 Offered by Ms. Jackson Lee of Texas
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Texas
(Ms. Jackson Lee) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 173,
noes 244, not voting 16, as follows:
[Roll No. 874]
AYES--173
Ackerman
Altmire
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly (VA)
Conyers
Costello
Courtney
Critz
Crowley
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Dicks
Dingell
Doggett
Donnelly (IN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Fudge
Garamendi
Gibson
Green, Al
Green, Gene
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOES--244
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachus
Barletta
Barrow
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
[[Page H8051]]
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cooper
Costa
Cravaack
Crawford
Crenshaw
Cuellar
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--16
Bachmann
Bartlett
Chu
Cleaver
Deutch
Doyle
Filner
Flores
Frank (MA)
Giffords
Gonzalez
Grijalva
Hartzler
Paul
Schmidt
Webster
{time} 1707
Messrs. CANSECO, McCLINTOCK, BILBRAY, GERLACH, and CUELLAR changed
their vote from ``aye'' to ``no.''
Messrs. CROWLEY and McDERMOTT changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Ms. CHU. Mr. Chair, on rollcall vote 874, on the Jackson Lee
Amendment to H.R. 527, I was unavoidably detained. Had I been present,
I would have voted ``aye.''
Mr. FILNER. Mr. Chair, on rollcall 874, I was away from the Capitol
due to prior commitments to my constituents. Had I been present, I
would have voted ``aye.''
Amendment No. 3 Offered by Mr. Cohen
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Tennessee
(Mr. Cohen) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 171,
noes 248, not voting 14, as follows:
[Roll No. 875]
AYES--171
Ackerman
Altmire
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Costello
Courtney
Critz
Crowley
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Dicks
Dingell
Doggett
Edwards
Ellison
Engel
Farr
Fattah
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOES--248
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachus
Barletta
Barrow
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Cardoza
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cooper
Costa
Cravaack
Crawford
Crenshaw
Cuellar
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--14
Bachmann
Bartlett
Deutch
Donnelly (IN)
Doyle
Eshoo
Filner
Flores
Giffords
Hartzler
Markey
Paul
Pelosi
Schmidt
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1712
Mr. BISHOP of Georgia changed his vote from ``aye'' to ``no.''
So the amendment was rejected.
[[Page H8052]]
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Chair, on rollcall 875, I was away from the Capitol
due to prior commitments to my constituents. Had I been present, I
would have voted ``aye.''
Amendment No. 4 Offered by Mr. Peters
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Michigan
(Mr. Peters) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 179,
noes 243, not voting 11, as follows:
[Roll No. 876]
AYES--179
Ackerman
Altmire
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Costa
Costello
Courtney
Critz
Crowley
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly (IN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Frank (MA)
Fudge
Garamendi
Gibson
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOES--243
Adams
Aderholt
Alexander
Amash
Amodei
Austria
Bachus
Barletta
Barrow
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cooper
Cravaack
Crawford
Crenshaw
Cuellar
Culberson
Davis (KY)
Denham
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--11
Akin
Bachmann
Bartlett
Deutch
Doyle
Filner
Giffords
Hartzler
Paul
Pelosi
Schmidt
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1716
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Chair, on rollcall 876, I was away from the Capitol
due to prior commitments to my constituents. Had I been present, I
would have voted ``aye.''
Amendment No. 5 Offered by Ms. Jackson Lee of Texas
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Texas
(Ms. Jackson Lee) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 172,
noes 250, not voting 11, as follows:
[Roll No. 877]
AYES--172
Ackerman
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Carnahan
Carney
Carson (IN)
Castor (FL)
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Dingell
Doggett
Donnelly (IN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Fitzpatrick
Frank (MA)
Fudge
Garamendi
Gerlach
Gibson
Gonzalez
Green, Al
Green, Gene
Gutierrez
Hahn
Hanabusa
Hanna
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Ribble
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
[[Page H8053]]
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOES--250
Adams
Aderholt
Akin
Alexander
Altmire
Amash
Amodei
Austria
Bachus
Barletta
Barrow
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Cardoza
Carter
Cassidy
Chabot
Chaffetz
Chandler
Coble
Coffman (CO)
Cole
Conaway
Cooper
Costa
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dicks
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Harper
Harris
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (CA)
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--11
Bachmann
Bartlett
Conyers
Deutch
Doyle
Filner
Giffords
Grijalva
Hartzler
Paul
Schmidt
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There are 30 seconds remaining.
{time} 1719
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Chair, on rollcall 877, I was away from the Capitol
due to prior commitments to my constituents. Had I been present, I
would have voted ``aye.''
Amendment No. 6 Offered by Mr. Johnson of Georgia
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Georgia
(Mr. Johnson) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 170,
noes 250, not voting 13, as follows:
[Roll No. 878]
AYES--170
Ackerman
Altmire
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Carnahan
Carney
Carson (IN)
Castor (FL)
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Costello
Courtney
Critz
Crowley
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Dicks
Dingell
Doggett
Donnelly (IN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Frank (MA)
Fudge
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOES--250
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Cardoza
Carter
Cassidy
Chabot
Chaffetz
Chandler
Coble
Coffman (CO)
Cole
Conaway
Cooper
Costa
Cravaack
Crawford
Crenshaw
Cuellar
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--13
Bachmann
Bucshon
Deutch
Doyle
Filner
Garamendi
Giffords
Gonzalez
Hartzler
Paul
Reed
Rogers (KY)
Schmidt
{time} 1724
So the amendment was rejected.
[[Page H8054]]
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Chair, on rollcall 878, I was away from the Capitol
due to prior commitments to my constituents. Had I been present, I
would have voted ``aye.''
The Acting CHAIR (Mr. Gardner). The question is on the amendment in
the nature of a substitute, as amended.
The amendment was agreed to.
The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Bishop of Utah) having assumed the chair, Mr. Gardner, Acting Chair of
the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R. 527)
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,
and, pursuant to House Resolution 477, reported the bill back to the
House with an amendment adopted in the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on the amendment to the amendment
reported from the Committee of the Whole?
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I have a motion to
recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Ms. LORETTA SANCHEZ of California. I am opposed to the bill, Mr.
Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Ms. Loretta Sanchez of California moves to recommit the
bill H.R. 527 to the Committee on the Judiciary with
instructions to report the same back to the House forthwith,
with the following amendment:
Add at the end of the bill the following:
SEC. __. PROTECTING INCENTIVES FOR SMALL BUSINESSES TO HIRE
VETERANS.
This Act and the amendments made by this Act shall not
apply to rule makings or revisions of rules, if such rule
makings or revisions are for purposes of providing incentives
to small businesses (as such term is defined in chapter 6 of
title 5, United States Code) for hiring veterans (as such
term is defined in section 101(2) of title 38).
The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes.
Ms. LORETTA SANCHEZ of California. I rise today to offer a final
amendment to H.R. 527 that, if passed, will allow the bill to be
brought back promptly to take a vote for final passage. Mr. Speaker,
this final amendment is noncontroversial and aims to do one simple
thing: to protect the incentives that assist small businesses to hire
veterans. This amendment comes at a very critical time for our small
businesses and for our veterans.
Several weeks ago, this House did something that most of America
doesn't believe we do anymore. We came together, all of us--Republicans
and Democrats. We voted on a bill, and we passed a bill together,
unanimously, the VOW to Hire Heroes Act of 2011.
The bill pushes key provisions, like providing small businesses with
incentives so that they will hire veterans who have been unable to find
employment. As a new law, the tax credits that we offer in that VOW
bill would require additional regulations to be implemented in order
for small businesses to begin to hire our veterans. Our veterans need
jobs--not tomorrow, but now. Yet this bill, the one we are considering
right now, sets up many new hurdles and delays for new regulations,
like those needed for the implementation of the VOW to Hire Heroes Act.
In a little more than 2 weeks, we went from a 422-0 vote with that
VOW Act to now potentially hindering our small businesses from hiring
veterans.
{time} 1730
However, we have a chance to fix that. We have a chance to fix that
right now, and we have a chance to fix it and to bring back this vote
promptly, to bring this bill and vote it today.
So I ask my colleagues, especially those on the other side, what are
your priorities? I know what my priorities are. My priorities are to
small businesses and my priorities are to our veterans who have fought
for this Nation.
Mr. Speaker, if my colleagues on the other side truly believe that
small businesses are what create the jobs in America, then we can fix
this bill by voting for my amendment. If you believe that our veterans
should not have to fight for a job after having fought for our country,
then we can fix this bill by voting for my amendment.
If my colleagues believe that the over 250,000 unemployed veterans
under the age of 35 deserve a job, then we can fix this bill by voting
for my amendment.
I know what this side of the aisle believes. We know what the choice
is. It's about small businesses creating jobs and hiring these brave
men and women.
We want our small businesses to have those incentives so that they
can hire our veterans now, not next year or the following year--now. We
need jobs now.
The bill itself raises a lot of regulations and hurdles to new
implementation, but now we can fix the bill, and we can help our
veterans and our small businesses. It's our duty here in Congress to
look after those who have looked after the people of this country.
My final amendment does this by ensuring that we allow those
regulations that are needed to protect these incentives for the small
businesses who want to hire veterans. I would have no doubt--I would
never think that my colleagues on any side of the aisle would want to
intentionally hinder the hiring of veterans, especially after I saw
that unanimous vote right before Thanksgiving. Remember that--we
finally did something together.
So I ask all of you, let's do the right thing. Will you stand with
our veterans and small businesses and protect those incentives that we
voted for 2 weeks ago? If you believe it's the right thing to do, then
you will vote for this amendment.
If you believe that a 21 percent unemployment rate for our young male
veterans between the ages of 18 and 24 is too high, then you will vote
for my amendment to ensure those incentives to hire our veterans will
be in place.
I want to make clear once more to my colleagues on the other side of
the aisle; a ``yes'' vote on my amendment will not prevent this bill
from being voted on today.
If adopted, it will be incorporated into the bill and voted on for
final passage.
I ask my colleagues to do the right thing, to fight for protecting
the incentives that will allow our veterans to be hired by small
businesses.
Regardless of how either aisle feels about the underlying bill, I
know this chamber can make the right choice by voting ``yes'' on my
amendment.
Mr. GOWDY. Mr. Speaker, I rise in opposition to the motion to
recommit.
The Acting CHAIR. The gentleman from South Carolina is recognized for
5 minutes.
Mr. GOWDY. The President in this very Chamber said we should have no
more regulation than is necessary for the health, safety, and security
of the American people. Mr. Speaker, the President in this very Chamber
conceded overregulation has stifled innovation and chilled growth and
jobs. Professor Cass Sunstein, hardly a conservative acolyte, said we
must take aggressive steps to eliminate unjustified regulatory burdens,
especially in today's economic environment.
Mr. Speaker, 43 percent of the payroll in this country comes from
small business, two-thirds of all the jobs created in the last two
decades come from small business. Small business, Mr. Speaker, is the
backbone of this economy and the single best way for all Americans,
veterans included, but all Americans, to experience the majesty of the
American Dream.
So one would think that our colleagues would storm the aisle to join
us in providing relief to small business, including veterans. One might
think our colleagues would help us rush to form a phalanx against an
overreaching regulatory apparatus.
So, Mr. Speaker, let's stop using veterans as political footballs and
start
[[Page H8055]]
helping all Americans, including veterans. The Regulatory Flexibility
Improvement Act of 2011 is a logical reform. It simply asks agencies to
do the kind of pre-regulatory analysis they should have been doing
anyway. Frankly, the bill seeks to enact much of what the President
claims he wants with respect to regulatory reform, since small business
creates most of our jobs.
Since regulatory compliance costs are higher for them than for larger
competitors, Congress passed the RFA of 1980 requiring agencies to
analyze regulations in advance. Hardly a revolutionary idea, Mr.
Speaker. Know the consequences of your actions before you act,
especially when it comes to having a chilling effect on job creation.
But the experience over the last 15 years has shown the law needs to
be reformed, Mr. Speaker, and updated because agencies aren't getting
the message.
This bill requires agencies to do what they should be doing anyway,
which is to calculate the impact of their regulations on job creators
beforehand, to make sure all agencies follow the rules, not some of the
time, not when they feel like it, but all of the time.
Mr. Speaker, our fellow citizens want to work. They want to meet the
needs of their families. They want to meet their societal obligations,
and we should be doing everything in our power to make sure regulatory
agencies ``measure twice and cut once.'' And our job requires and this
bill ensures that they get the message.
For this reason, Mr. Speaker, I urge my colleagues to oppose the
motion to recommit.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I demand a recorded
vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and 9 of rule XX, this
15-minute vote on the motion to recommit will be followed by 5-minute
votes on passage of H.R. 527, if ordered; and suspension of the rules
with regard to House Resolution 364.
The vote was taken by electronic device, and there were--ayes 188,
noes 233, not voting 12, as follows:
[Roll No. 879]
AYES--188
Ackerman
Altmire
Andrews
Baca
Baldwin
Barrow
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Duncan (TN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Ross (AR)
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOES--233
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachus
Barletta
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Bonner
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Pence
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--12
Bachmann
Black
Cleaver
Doyle
Filner
Giffords
Hartzler
Heinrich
Lujan
Paul
Schmidt
Schock
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1755
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Speaker, on rollcall 879, I was away from the Capitol
due to prior commitments to my constituents. Had I been present, I
would have voted ``aye.''
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. McGOVERN. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 263,
noes 159, not voting 11, as follows:
[Roll No. 880]
AYES--263
Adams
Aderholt
Akin
Alexander
Altmire
Amash
Amodei
Austria
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carney
Carter
Cassidy
Chabot
Chaffetz
Chandler
Coble
[[Page H8056]]
Coffman (CO)
Cole
Conaway
Cooper
Costa
Cravaack
Crawford
Crenshaw
Critz
Cuellar
Culberson
Davis (KY)
DeFazio
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Hochul
Holden
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Loebsack
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Pence
Perlmutter
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Rahall
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Sutton
Terry
Thompson (PA)
Thornberry
Tiberi
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Walz (MN)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOES--159
Ackerman
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carson (IN)
Castor (FL)
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly (VA)
Conyers
Costello
Courtney
Crowley
Cummings
Davis (CA)
Davis (IL)
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Sires
Slaughter
Smith (WA)
Speier
Stark
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOT VOTING--11
Bachmann
Bachus
Cleaver
Doyle
Filner
Giffords
Hartzler
Olver
Paul
Schmidt
Tipton
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There is 1 minute
remaining.
{time} 1801
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. BACHUS. Mr. Speaker, on rollcall No. 880 on final passage of H.R.
527, I was on the House floor, but inadvertently missed the voted. Had
I been recorded, I would have voted ``aye.''
Stated against:
Mr. FILNER. Mr. Speaker, on rollcall No. 880, I was away from the
Capitol due to prior commitments to my constituents. Had I been
present, I would have voted ``no.''
____________________