Date: 2014-02-28
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Chairman. I thank the gentleman for his analysis. but let me offer to him that. first of all. this particular legislation will be subject to a veto threat because. as the President has noted. there is already a robust. analytical. and procedural requirement. I agree there should be that. and we already have it. The Coalition for Sensible Safeguards has indicated that the Jackson Lee amendment is a commonsense amendment that makes clear that regulations whose benefits to public health safety exceed the cost of regulated industries are good public investments. This amendment is a necessary amendment. The Jackson Lee amendment says if it is a good public investment. and it helps in order to clarify some of the untoward provisions of this legislation that will require an interaction with a private corporation. but never talking to the public. Mr. Chairman. if we are for the people. they should at least be there to be inquired of: What do you think? And finally. let us end the unfunded mandate of not passing unemployment insurance extension and not lifting the minimum wage. That is an unfunded mandate. I would ask my colleagues to support the Jackson Lee amendment because it clarifies and it puts the people first. I join with my colleague. This is a place for people. We are the onesthe people who run this government. Give them an opportunity to consult under this legislation. Support the Jackson Lee amendment. With that. I yield back the balance of my time. My amendment is simple and straightforward. The Jackson Lee amendment improves the bill by clarifying that the provisions of the bill do not apply if a costbenefit analysis demonstrates that the benefits of a regulatory action exceed its costs. My amendment improves the bill by ensuring that regulatory actions needed to protect the public health. safety. and environment can be promulgated and implemented and not be stymied by dilatory tactics and unnecessary delays. That is why the Jackson Lee amendment is strongly supported by the Coalition on Sensible Safeguards. an organization comprised of more than 150 public health. scientific. consumer. environmental. labor. financial reform. and public interest groups. Mr. Chair. H.R. 899. the "Unfunded Mandates Reform Act" (UMRA). would erect new barriers to slow down the regulatory process and would give corporations an unfair advantage in the regulatory process. Section 5 of the bill would repeal language that excludes independent regulatory agencies from the reporting requirements of the Unfunded Mandates Reform Act (UMRA). with the exception of the Board of Governors of the Federal Reserve and the Federal Open Market Committee. The Office of Management and Budget (OMB) is responsible for overseeing the UMRA process. Since the independent agencies would be under the direction of OMB for purposes of UMRA compliance. this could compromise the independence of those agencies. Section 7 of H.R. 899 would create a new point of order in the House of Representatives for legislation containing an unfunded mandate. making it more difficult to enact legislation. Section 8 would incorporate a costbenefit requirement from Executive Order 12866. but it would not include language from the same Executive Order directing agencies to perform these assessments "to the extent feasible." Section 10 would require agencies to provide impacted parties in the private sectorbut not other stakeholderswith advance notice and opportunity to provide input on proposed regulations. Section 10 also requires agencies to conduct consultations with private sector businesses "as early as possible. before the issuance of a notice of proposed rulemaking." Expanding this consultation requirement only to the private sector gives corporations an unfair advantage over other stakeholders in the development of regulatory proposals. During consideration of this bill by the Committee. Representatives GERRY CONNOLLY and TAMMY DUCKWORTH offered an amendment that would have evened the playing field by requiring that: "Any opportunities or rights afforded to a corporation under this section shall also be afforded to any interested individual." The ConnollyDuckworth amendment was rejected. Section 11 would codify the role of the Office of Information and Regulatory Affairs (OIRA) in reviewing agency regulations and require that if the OIRA Administrator finds that an agency did not comply with UMRAs requirements. the Administrator must request that the agency comply before the regulation is finalized. Section 12 would require that. "at the request of the chairman or ranking minority member of a standing or select committee of the House of Representatives or Senate. an agency shall conduct a retrospective analysis of an existing Federal regulation issued by an agency." This provision would require agencies to divert resources toward conducting these analyses and away from fulfilling their missions. Mr. Chair. as the Coalition on Sensible Safeguards says of the Jackson Lee amendment: This commonsense amendment makes clear that regulations whose benefits to the public health and safety exceed the costs to regulated industries. thereby making them good public investments. are not legislation that is wasteful or unnecessary[.] I urge all Members to support the Jackson Lee amendment.