[Congressional Record Volume 160, Number 33 (Thursday, February 27, 2014)]
[Extensions of Remarks]
[Page E271]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROVIDING FOR CONSIDERATION OF H.R. 3865, STOP TARGETING OF POLITICAL 
  BELIEFS BY THE IRS ACT OF 2014; PROVIDING FOR CONSIDERATION OF H.R. 
    2804, ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT OF 2014; AND 
      PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

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                               speech of

                        HON. SHEILA JACKSON LEE

                                of texas

                    in the house of representatives

                      Wednesday, February 26, 2014

  Ms. JACKSON LEE. Mr. Speaker, I rise today to speak on the rule 
governing debate for H.R. 2804, the ``All Economic Regulations Are 
Transparent Act of 2014,'' the so-called ``ALERRT Act.''
  H.R. 2804 makes numerous changes to the federal rule-making process, 
including: (1) requiring agencies to consider numerous new criteria 
when issuing rules, such as alternatives to rules proposals; (2) 
requiring agencies to review the ``indirect'' costs of proposed and 
existing rules; (3) giving the Small Business Administration expanded 
authority to intervene in the rule-making of other agencies; and (4) 
requiring federal agencies to file monthly reports on the status of 
their rule-making activities.
  I cannot support this legislation in its present form for two 
reasons, one procedural and one substantive.
  Procedurally, I oppose the bill because in its present form it was 
never considered by the Judiciary Committee. This bill was reported by 
the Oversight and Government Reform Committee on a party line 19-15 
vote but was not acted on by Judiciary Committee.
  As reported, the bill contained only provisions relating to monthly 
reporting requirements regarding agency rule-making.
  But the bill being brought to the floor now includes three additional 
and very controversial Judiciary bills (H.R. 2122, Regulatory 
Accountability Act; H.R. 1493, Sunshine for Regulatory Decrees and 
Settlements Act; and H.R. 2542, Regulatory Flexibility Improvements 
Act).
  This is not the way to legislate on matters that have such serious 
consequences for the public health and safety.
  Substantively, I oppose the underlying bill this rule makes in order 
because it imposes unneeded and costly analytical and procedural 
requirements on agencies that would prevent them from performing their 
statutory responsibilities to protect the public health and safety.
  I oppose the bill also because it creates unnecessary regulatory and 
legal uncertainty, increases costs for businesses and State, local and 
tribal governments, and impedes common-sense protections for the 
American public.
  Mr. Speaker, the bill is unnecessary and invites frivolous 
litigation. When a federal agency promulgates a regulation, it already 
must adhere to the requirements of the statute that it is implementing.
  Agencies already must adhere to the robust and well-understood 
procedural requirements of federal law, including the Administrative 
Procedure Act, the Regulatory Flexibility Act (RFA), the Unfunded 
Mandates Reform Act of 1995 (UMRA), the Paperwork Reduction Act (PRA), 
and the Congressional Review Act.
  Regulatory agencies already are required to promulgate regulations 
only upon a reasoned determination that the benefits of the regulations 
justify the costs and to consider regulatory alternatives. Final 
regulations are subject to review by the federal courts which, among 
other things, examine whether agencies have satisfied the substantive 
and procedural requirements of all applicable statutes.
  Finally, Mr. Speaker, H.R. 2804 in its current form does not include 
an exemption for rules promulgated by the Department of Homeland 
Security to protect the safety of the American people and the security 
of our country.
  For this reason, I offered an amendment that provides this important 
exception and I thank the Rules Committee for making it in order.
  The security of the homeland is one of the most preeminent concerns 
of the federal government. The increased need for national security 
following the attacks of September 11th makes it important that the 
Department of Homeland Security not be unduly impeded in the 
promulgation of rules that may preempt attacks against our nation.
  Unnecessary delays to rules set forth by the Department of Homeland 
Security can wastes scarce resources that keep our nation safe as well 
as impede the regular operations of the agency.
  I urge all Members to support the Jackson Lee Amendment to H.R. 2804.

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