November 30, 2011 CONGRESSIONAL RECORD — HOUSE H7949 Gabe Zimmerman was a young man who was cut far too short. I am pleased that we with the people of Tucson made him a popular dedicated himself to the betterment of his are making this small tribute to him today. member of the community, and his passion for community, and lived a life of service to oth- Our hearts go out to Gabe’s family and social justice transcended his official role as a ers. friends, to Ranking Member of the Space and member of Congresswoman GIFFORDS’ staff This led him to work for Representative Aeronautics Subcommittee, GABRIELLE GIF- and left an indelible impact on everyone GABBY GIFFORDS—first as a field organizer FORDS, during her recovery, and to all those around him. and constituent service director, and later as a impacted by that horrible tragedy. Gabe’s drive to help others led him to pur- community outreach director. Mr. VAN HOLLEN. Madam Speaker, on sue a master’s degree in social work and a We all know of the tragedy that occurred on January 8, 2011 the nation was shocked and career in politics. Although Gabe’s nascent ca- January 8, when Gabe and 5 other individuals saddened by a senseless act of violence reer was cut tragically short, designating room were forever taken away from this world. against a member of the House, Congress- HVC–215 as the Gabe Zimmerman Meeting But what many of us don’t know is the type woman GABBY GIFFORDS. That attack injured Room will allow us to memorialize and cele- of life Gabe Zimmerman lived. her and killed six innocent bystanders, includ- brate his commitment to public service for Gabe was integral in working with local ing a Congressional staff, Gabe Zimmerman. years to come. charities, like Child and Family Resources, the Gabe, a 30-year-old social worker, began Mr. Speaker, I urge my colleagues to join YWCS, and the Comstock Foundation. work for Congresswoman GIFFORDS in 2007, me in supporting H. Res. 364. He was a loving son, brother, and fiance´— supervising the constituent services operation The SPEAKER pro tempore. The and a dedicated public servant. and helping the people of Arizona’s Eighth question is on the motion offered by I urge all my colleagues to honor the life Congressional District resolve problems with the gentleman from Tennessee (Mr. and service of this tremendous young man, Federal agencies and obtain government serv- FLEISCHMANN) that the House suspend and vote ‘‘yes’’ on H. Res. 364. ices. He was promoted to Director of Commu- the rules and agree to the resolution, Mr. REYES. Madam Speaker, I rise today in nity Outreach, using his considerable talent H. Res. 364. support of H. Res. 364, a resolution to name and energy to engage citizens and make Con- The question was taken. a meeting room in the Capitol Visitors Center gress accessible to them. In that capacity, he The SPEAKER pro tempore. In the after Gabriel Zimmerman, the only Congres- planned Congresswoman GIFFORDS’ ‘‘Con- opinion of the Chair, two-thirds being sional staff member killed while on duty. Gabe gress on Your Corner’’ event on January 8 in the affirmative, the ayes have it. Zimmerman, a staff member for my friend and and was at her side that day. Ms. WASSERMAN SCHULTZ. colleague Congresswoman GABRIELLE GIF- We continue to mourn his loss and pray for Madam Speaker, on that I demand the FORDS, was one of six people killed in the Jan- his family and friends. Gabe Zimmerman’s life yeas and nays. uary 8, 2011, attack in Tuscon, Arizona. is a testament to the selfless work performed The yeas and nays were ordered. The entire Capitol Hill community mourned by Congressional staff every day for the Amer- The SPEAKER pro tempore. Pursu- the senseless deaths and the loss of one of ican people. Today, we designate a room in ant to clause 8 of rule XX, further pro- our own. Those of us who serve in Congress the Capitol as the ‘‘Gabriel Zimmerman Meet- ceedings on this question will be post- know that the work we do to represent our ing Room’’ to honor his work and recognize poned. constituents would not be possible without the the dedication that he and all staff show to f support of our hard-working and dedicated their country. staffs. Working early mornings and late nights, Ms. RICHARDSON. Madam Speaker, I rise PROVIDING FOR CONSIDERATION on weekends and federal holidays, these out- today as a proud cosponsor of H. Res. 364, OF H.R. 3463, TERMINATING standing men and women bring energy and Designating Room HVC–215 of the Capitol PRESIDENTIAL ELECTION CAM- passion for public service. Visitor Center as the ‘‘Gabriel Zimmerman PAIGN FUND AND ELECTION AS- Gabe Zimmerman died while helping Con- Meeting Room.’’ Adoption of this resolution SISTANCE COMMISSION; PRO- gresswoman GIFFORDS as she engaged in one would be a fitting tribute to Gabe Zimmer- VIDING FOR CONSIDERATION OF of the most important functions of a Member man’s commitment to public service and the H.R. 527, REGULATORY FLEXI- of Congress, communicating with her constitu- courage of our colleague Congresswoman BILITY IMPROVEMENTS ACT OF ents. It is fitting that the House of Representa- GABRIELLE GIFFORDS of Arizona. 2011; AND PROVIDING FOR CON- tives is today considering legislation to dedi- Gabe Zimmerman’s devotion to public serv- SIDERATION OF H.R. 3010, REGU- cate a space to the memory of Gabriel Zim- ice knew no bounds and he made the su- LATORY ACCOUNTABILITY ACT merman, a room where Members of Congress preme sacrifice in service to the public when OF 2011 and our staff come together to represent the he was killed on January 8, 2011, in Tucson, Mr. WOODALL. Madam Speaker, by interests of the American people. Arizona, at the hands of the same gunman direction of the Committee on Rules, I In honor of Gabe Zimmerman and all Con- who left Congresswoman GIFFORDS gravely call up House Resolution 477 and ask gressional staff including my own, I rise today wounded. Like many Americans, the tragic for its immediate consideration. to pay tribute to the men and women who events which unfolded on that day in January The Clerk read the resolution, as fol- dedicate themselves to public service. left me in a state of shock, anger, and tremen- lows: Ms. EDDIE BERNICE JOHNSON of Texas. dous sadness. H. RES. 477 Madam Speaker, the role of Congressional As the weeks and months have passed, staff is an important one in helping all Mem- Americans have looked to each other for Resolved, That upon the adoption of this resolution it shall be in order to consider in bers carry out our responsibilities, but it is a strength and have been encouraged by the the House the bill (H.R. 3463) to reduce Fed- role too often not acknowledged. It is fitting tremendous progress that Congresswoman eral spending and the deficit by terminating that we pause today to honor one such staffer, GIFFORDS has made in her recovery. Nearly a taxpayer financing of presidential election Gabriel ‘‘Gabe’’ Zimmerman, who made the ul- year later, we pause to remember not only campaigns and party conventions and by ter- timate sacrifice while serving this Congress Gabe and GABBY, but all the innocent victims minating the Election Assistance Commis- and this nation. Gabe was the first, and hope- of this tragedy who were gunned down while sion. All points of order against consider- fully the last Congressional staffer to be mur- waiting to exercise their democratic right to ation of the bill are waived. The bill shall be dered in the performance of his official duties have their opinions heard. considered as read. All points of order against provisions in the bill are waived. The when he was shot staffing Representative Madam Speaker, 19 people were shot on previous question shall be considered as or- GABRIELLE GIFFORDS at a constituent event in that tragic day in Tucson—six of whom suf- dered on the bill and any amendment thereto her district. Six other people were killed and fered fatal wounds. While this tragedy focused to final passage without intervening motion 13 were wounded, including Representative national discourse on the need to reassess except: (1) one hour of debate equally divided GIFFORDs and two other Congressional staff- current gun restrictions and the responsibility and controlled by the chair and ranking mi- ers. of public institutions in reporting potentially nority member of the Committee on House By all accounts, Gabe was a kind and dedi- dangerous behavior, we were also reminded Administration; and (2) one motion to re- cated young man who worked tirelessly to im- of the value of maintaining civility in our public commit. SEC. 2. At any time after the adoption of prove the lives of the people in the 8th District discourse. this resolution the Speaker may, pursuant to of Arizona. He was a former social worker Gabe Zimmerman, Congresswoman GIF- clause 2(b) of rule XVIII, declare the House who assisted troubled youth, an athlete who FORDS’ director of community outreach, per- resolved into the Committee of the Whole loved the outdoors, a beloved son and broth- sonified the spirit of public service and patriot- House on the state of the Union for consider- er, and he was engaged to be married. His life ism that has made America great. His work ation of the bill (H.R. 527) to amend chapter

VerDate Mar 15 2010 03:14 Dec 01, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A30NO7.030 H30NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7950 CONGRESSIONAL RECORD — HOUSE November 30, 2011 6 of title 5, United States Code (commonly the Committee on Rules accompanying this that directs agencies to review their known as the Regulatory Flexibility Act), to resolution. Each such amendment may be of- regulations and solicit public input. ensure complete analysis of potential im- fered only in the order printed in the report, H.R. 3010, the Regulatory Account- pacts on small entities of rules, and for other may be offered only by a Member designated ability Act, makes further positive purposes. The first reading of the bill shall in the report, shall be considered as read, changes. It reforms and modernizes the be dispensed with. All points of order against shall be debatable for the time specified in consideration of the bill are waived. General the report equally divided and controlled by Administrative Procedure Act. It debate shall be confined to the bill and shall the proponent and an opponent, shall not be makes agencies more accountable and not exceed one hour, with 40 minutes equally subject to amendment, and shall not be sub- regulations more cost effective. In a re- divided and controlled by the chair and rank- ject to a demand for division of the question cent study, Madam Speaker, that the ing minority member of the Committee on in the House or in the Committee of the Small Business Administration com- the Judiciary and 20 minutes equally divided Whole. All points of order against such missioned, they estimated the cost of and controlled by the chair and ranking mi- amendments are waived. At the conclusion the U.S. Federal regulatory burden at nority member of the Committee on Small of consideration of the bill for amendment Business. After general debate the bill shall $1.75 trillion. Now, that’s not to say the Committee shall rise and report the bill there aren’t benefits that outweigh be considered for amendment under the five- to the House with such amendments as may minute rule. In lieu of the amendments in have been adopted. Any Member may de- that burden; but when the burden is the nature of a substitute recommended by mand a separate vote in the House on any that substantial, Madam Speaker, we the Committees on the Judiciary and Small amendment adopted in the Committee of the have to have a process in place that Business now printed in the bill, it shall be Whole to the bill or to the committee balances those benefits and those bur- in order to consider as an original bill for the amendment in the nature of a substitute. dens, and that’s all H.R. 3010 asks to purpose of amendment under the five-minute The previous question shall be considered as do. rule an amendment in the nature of a sub- ordered on the bill and amendments thereto Madam Speaker, time and time again stitute consisting of the text of the Rules to final passage without intervening motion the American people have demanded Committee Print dated November 18, 2011. except one motion to recommit with or with- That amendment in the nature of a sub- more accountability from their Con- out instructions. gress, more accountability from their stitute shall be considered as read. All points SEC. 4. It shall be in order at any time of order against that amendment in the na- through the legislative day of December 2, government. This collection of bills ture of a substitute are waived. No amend- 2011, for the Speaker to entertain motions today not only provides that account- ment to that amendment in the nature of a that the House suspend the rules, as though ability of Congress, but requires that substitute shall be in order except those under clause 1(c) of rule XV, relating to a accountability of our executive branch printed in part A of the report of the Com- measure addressing railway labor. agencies. mittee on Rules accompanying this resolu- As we talk about accountability, tion. Each such amendment may be offered The SPEAKER pro tempore. The gen- only in the order printed in the report, may tleman from Georgia is recognized for 1 Madam Speaker, it’s important to note be offered only by a Member designated in hour. that these bills are paid for by termi- the report, shall be considered as read, shall Mr. WOODALL. Madam Speaker, for nating the Election Assistance Com- be debatable for the time specified in the re- the purpose of debate only, I yield the mission. You will remember, Madam port equally divided and controlled by the customary 30 minutes to my friend Speaker, that was a commission cre- proponent and an opponent, shall not be sub- from Massachusetts (Mr. MCGOVERN), ated in 2002 that was supposed to sun- ject to amendment, and shall not be subject set by 2005 and yet has continued even to a demand for division of the question in pending which I yield myself such time the House or in the Committee of the Whole. as I may consume. During consider- until today. That commission was set All points of order against such amendments ation of this resolution, all time yield- up in the aftermath of the hanging are waived. At the conclusion of consider- ed is for the purpose of debate only. chads of the 2000 Presidential election ation of the bill for amendment the Com- to help States implement election re- GENERAL LEAVE mittee shall rise and report the bill to the forms, to help States make sure the in- Mr. WOODALL. I ask unanimous con- House with such amendments as may have tegrity of their electoral process was been adopted. Any Member may demand a sent that all Members have 5 legisla- preserved. And yet today, 6 years after separate vote in the House on any amend- tive days to revise and extend their re- the expected sunset of that commis- ment adopted in the Committee of the Whole marks. sion, we hear from our Secretaries of to the bill or to the amendment in the na- The SPEAKER pro tempore. Is there ture of a substitute made in order as original State that they no longer need that objection to the request of the gen- commission, that that commission is text. The previous question shall be consid- tleman from Georgia? ered as ordered on the bill and amendments not providing useful benefits to them. thereto to final passage without intervening There was no objection. By terminating that, we’re going to motion except one motion to recommit with Mr. WOODALL. Madam Speaker, save the American taxpayer more than or without instructions. House Resolution 477 is a structured $600 million over the next decade. SEC. 3. At any time after the adoption of rule for the consideration of three bills: Madam Speaker, taken together, this resolution the Speaker may, pursuant to H.R. 527, the Regulatory Flexibility these three measures, H.R. 527, H.R. clause 2(b) of rule XVIII, declare the House Act; H.R. 3010, the Regulatory Ac- 3010, and H.R. 3463, help small busi- resolved into the Committee of the Whole countability Act; and H.R. 3463, a House on the state of the Union for consider- nesses, increase agency transparency, ation of the bill (H.R. 3010) to reform the measure to terminate the Election As- and increase public participation in the process by which Federal agencies analyze sistance Commission and end taxpayer entire regulatory process. They save and formulate new regulations and guidance financing of presidential elections and money for hardworking American tax- documents. The first reading of the bill shall campaigns. payers and are positive reforms that be dispensed with. All points of order against b 1330 this Congress can pass in a bipartisan consideration of the bill are waived. General way. debate shall be confined to the bill and shall Not only do these bills show this I hope that my colleagues on both not exceed one hour equally divided and con- House’s commitment to small busi- sides of the aisle will support these un- trolled by the chair and ranking minority nesses, but they also demand that member of the Committee on the Judiciary. derlying measures, and I hope they will agency rulemaking be held account- support this rule so that we may con- After general debate the bill shall be consid- able, reclaiming that authority that is ered for amendment under the five-minute sider them today. rule. It shall be in order to consider as an vested here in this House. With that, I reserve the balance of original bill for the purpose of amendment H.R. 527, the Regulatory Flexibility my time. under the five-minute rule the amendment Improvements Act, requires agencies Mr. MCGOVERN. Madam Speaker, I in the nature of a substitute recommended to analyze the impact that a new regu- want to thank the gentleman from by the Committee on the Judiciary now lation would have on small businesses Georgia, my friend, for yielding me the printed in the bill. The committee amend- before the regulation is adopted. By re- customary 30 minutes, and I yield my- ment in the nature of a substitute shall be quiring all Federal agencies to obtain self such time as I may consume. considered as read. All points of order input and develop and conduct regular against the committee amendment in the (Mr. MCGOVERN asked and was nature of a substitute are waived. No amend- regulatory reviews of existing regula- given permission to revise and extend ment to the committee amendment in the tions, this bill, I believe, complements his remarks.) nature of a substitute shall be in order ex- and codifies President Barack Obama’s Mr. MCGOVERN. I rise in very strong cept those printed in part B of the report of commitment in Executive Order 13563 opposition to this restrictive rule—and

VerDate Mar 15 2010 03:14 Dec 01, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A30NO7.004 H30NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 30, 2011 CONGRESSIONAL RECORD — HOUSE H7951 not only restrictive, but a very con- truth, Madam Speaker. Republicans I reserve the balance of my time. voluted rule—and I rise in opposition have absolutely nothing to offer. b 1340 to the three bills that would be made The President proposed—and I have in order by this rule. cosponsored—the American Jobs Act. Mr. WOODALL. Madam Speaker, I Regulatory uncertainty is a canard It’s a proposal that would help put yield myself such time as I may con- invented by Republicans that allows Americans back to work, would extend sume. them to use current economic problems the payroll tax cut and unemployment I look at the clock above your head. to pursue an agenda supported by the insurance, would help repair our aging I think it’s been about 11 minutes since Big Business community year in and infrastructure, and would provide aid my colleague DEBBIE WASSERMAN year out. In other words, it is a simple to cities and States so they don’t have SCHULTZ called for a toning down of the case of political opportunism, not a se- to lay off more teachers and more po- rhetoric and focusing more on policy. I rious effort to deal with high unem- lice officers and more firefighters. don’t think we were able to make it to ployment. Those aren’t my words, It’s a bill that is paid for. It doesn’t minute 15. Madam Speaker. Those are the words add one cent to the deficit. And it’s I will quote my friend as he referred of Bruce Bartlett, a Republican who made up of measures that Republicans to Republicans: Either they don’t care worked for Ronald Reagan, George and Democrats have supported in the about the economy, or they are just H.W. Bush, Jack Kemp, and RON PAUL. past. Let me repeat that: what the acting for political gain. Think about what Mr. Bartlett is President has proposed is a series of Is that all there is? Either folks don’t saying in his last sentence: ‘‘Repub- measures that Republicans and Demo- care, or they’re just acting for political licans would rather play political crats have supported in the past. The gain. It could be that their principles games instead of putting people back idea that a program was good under are different. It could be that their to work. They would rather fiddle President Bush but not under Presi- principles are different, but I don’t ac- while Rome burns instead of putting dent Obama doesn’t make much sense tually believe that. I believe our prin- out the fire.’’ And look at the Repub- to me, but that seems to be the ciples are the same, because what these lican track record since the start of the thought process that passes for gov- bills do is one thing and one thing 112th Congress: no jobs bills, not one. erning under this Republican leader- only. Let’s balance the regulatory bur- But we’ve found time to debate bills ship. den with the benefits that it provides. defunding Planned Parenthood and Na- So where’s the Republican plan? Madam Speaker, who is it in America tional Public Radio. There’s no exten- They don’t have one. It’s not enough to that does not believe that balance is sion of the payroll tax cut or unem- cross our fingers and hope that our important in what we do here in Con- ployment insurance, but we can spend economy improves. It’s not enough to gress? I hear it back home all the time: hours debating the need to allow un- close our eyes and wish that more peo- ROB, balance. I want you to get things ple would find a job. Actions speak safe people the right to carry concealed done, but I don’t want you to get louder than words, and it is clear by weapons from State to State. No effort things done that are the wrong thing the Republican leadership’s actions to take away tax breaks for oil compa- for the wrong reasons. I want you to that they don’t care about the econ- nies who continue to make billions of come together and work on these omy. Either that, or they are making a dollars in profits each month, but we issues. conscious decision not to act simply can find time to make our air dirtier Who is it, Madam Speaker, that does for political gain. Either way, Ameri- and our water less safe by dismantling not believe that regulation to protect cans are hurting because of their inac- the Clean Air Act and the Clean Water health and safety is important? I do. I tion. come from one of the farthest right dis- Act. Madam Speaker, our economy is not Seriously, Madam Speaker, the agen- tricts in the country. I believe health where it needs to be. There are still too da of the far right continues to domi- and safety are important things to reg- many unemployed people in this coun- ulate, but I believe we should balance nate this House leadership, and that try. There are still too many people agenda is out of touch with the needs those regulations. struggling to make ends meet, strug- When we doubled the budget of the of the American people. We have a jobs gling to pay their bills and to put food crisis in this country. The rich are get- Environmental Protection Agency be- on the table. But this notion that red tween 2008 and 2009, where do you think ting richer and everyone else is strug- tape is what’s keeping our economy that money went, Madam Speaker? gling. Yet the Republicans continue to from getting off the ground and that The environment that I live in in Geor- side with the people who don’t need thoughtful regulations are preventing gia was clean and thriving in 2008. But any help. They killed the supercom- people from getting jobs is just untrue. mittee because they would rather pro- We don’t need to waste time debating when you double the amount of money tect tax cuts for millionaires instead of bills that make our air and water dirti- that you give to regulators, they have dealing with the deficit. They are re- er and less safe. We don’t need to waste only one thing that they can do with fusing to take up the extension of the our time with bills defunding NPR and it, and that’s regulate more, regulate payroll tax cut that expires at the end Planned Parenthood. We don’t need to more. of the year because they don’t want waste our time debating bills to reaf- We need balance, and that’s all these their millionaire friends to pay just a firm our national motto. What we need bills are asking for. I have all the com- little bit more. to do is to get this economy moving. mittee reports here, Madam Speaker, if Just look at what we’re doing this What we need to do is create jobs. any of my colleagues would like to week. We’re going to consider anti-reg- Republicans have been in charge now come and look at them. There is not a ulatory bills that will make our coun- for 330 days. That’s 330 days without a line in any of these pages that says: try less safe and our citizens less jobs bill. It’s not enough to call some- Thou shalt not regulate. Not one. What healthy. We’re going to consider a bill thing a ‘‘jobs’’ bill if it doesn’t put they say is: Thou shalt regulate with that actually promotes putting more someone back to work. No, Madam balance—with balance. corporate money into the political sys- Speaker, we need a real jobs bill. We A friend of mine was walking tem. And we’re going to debate a bill need definitive action that shows the through the Occupy Atlanta protest that makes it harder for workers to or- American people that we care about the other day, Madam Speaker. A fel- ganize. Not one of these bills will put their well-being, that we understand low came up and shook his fist at him. people back to work. Not one of these what they’re going through, and that One of the protesters shook his fist at bills will help struggling families keep we’re here to help—in short, that we’re my friend and said, It’s all about jobs. their heat on during the winter. Not on their side. The bills we will be con- And my friend looked him in the eye one of these bills will help repair our sidering this week just don’t get the and said, You know, you’re exactly aging infrastructure. job done. right. You should go out and hire To quote Mr. Bartlett again: ‘‘People It’s been 330 days, and Republicans somebody. You should go out and hire are increasingly concerned about un- still don’t get it. I can’t say that I’m somebody. The fellow said, I’m not employment, but Republicans have surprised. I’m disappointed, but I’m talking about providing jobs. I’m talk- nothing to offer them.’’ And that’s the not surprised. ing about I want a job myself.

VerDate Mar 15 2010 05:26 Dec 01, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.039 H30NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7952 CONGRESSIONAL RECORD — HOUSE November 30, 2011 Well, that’s right. Every single bill sider them for consideration on the subsidies to these big oil companies, that this Congress considers that helps House floor. There were 12 ideas that yet, when you look at the Republican job creators helps jobs. were submitted, Madam Speaker—one budget that they passed, they find We’ve got to end the rhetoric of lov- Republican idea, 11 Democrat ideas. ways to balance the budget on every ing jobs and hating job creators, Three of those Democrat ideas were single program that impacts middle-in- Madam Speaker. There’s only one op- later withdrawn, said, We don’t want to come and low-income people in this portunity that we, as Americans, have bring those ideas to the floor. So that country. for employment, and that is finding an leaves us with eight, and we brought What they do is they choose to bal- employer. And line after line after line all but one. ance the budget by lowering the qual- of these bills say, before you punish My colleague from Georgia (Mr. ity of life and the standard of living for American industry, make sure the bal- JOHNSON), his amendment was not everyday people and for those strug- ance is there, because, let’s be clear, made in order because my colleague gling to get in the middle. There’s no Madam Speaker, it’s not that these from Texas (Mr. OLSON) had an amend- balance here. There’s no balance here. jobs don’t have to be performed. ment that was substantially similar, And in terms of bipartisanship, the Time and time again I hear my col- and knowing that time is valuable on President of the United States came to leagues bemoaning the fact that we’re the House floor, we wanted to consider this Chamber and he gave a speech in not creating jobs. I, too, bemoan the all ideas, but not all ideas from every- which he outlined his jobs bill, which fact that this administration has not body, each idea only once. included a number of initiatives, all of created jobs. But that’s not our only Seven Democratic amendments, one which had in the past enjoyed bipar- problem. Our problem is jobs that are Republican amendment made in order tisan support. But I guess because he’s leaving this country, Madam Speaker. because we invited the entire United the President, he’s a Democrat, Repub- Our problem is destroying even more States House into this process. lican leadership doesn’t want to have jobs. This is the time on the rule, Madam those debates here on the floor, give Industry is going to continue to oper- Speaker. I’m not here to debate the un- him any victories, because that might ate around this planet. We can either derlying provisions. We’ve provided not be politically advantageous to embrace it here in this country in a time to do that. But I do want to de- them. balanced way or we can run them all fend this rule as an example of what we Let’s be frank about what’s going on overseas. ought to do. here. In my opinion, this is about polit- There’s something that I believe we Is it a little more convoluted than I ical opportunism. This is about the sometimes do disagree about here in would have liked? Yes, it is. leadership of this House blocking im- this Congress, and that is that govern- Is it a little outside of my issue portant legislation to put people back ment cannot create jobs. Government areas? Yes, it is. to work just because they can, just be- can create an environment in which job But does it make in order all of the cause it’s been proposed by the Presi- creators can create jobs. amendments that our colleagues want dent of the United States. I cannot pass a bill in this Congress, to submit? It provides for time for de- We need to focus on jobs in this Con- no matter how hard I try, Madam bate on every single idea submitted. gress. We need to be focused on helping Speaker, no matter how hard I work, That’s an important change in this people get back to work. I don’t care that will make everybody in this coun- House, Madam Speaker. I’m grateful what part of the country you’re from, try rich. I cannot do it. But this Con- that we’ve been able to do it, and I re- people are hurting, people are strug- gress has succeeded all too often at serve the balance of my time. gling, and they’re looking for us to do passing bills that can make everybody Mr. MCGOVERN. Madam Speaker, I something, something meaningful, not poor. yield myself such time as I may con- to bring bills to the floor like this that, Balance, Madam Speaker, is what sume. in the scheme of things, mean nothing these bills contain. What this rule I want my colleagues to understand or to have these great debates over re- does—and it’s important because it’s a that one of the amendments they affirming our national motto or on new operation that we’re doing here in didn’t make in order was the amend- bills that make it easier for unsafe peo- this House; and I’m very proud of it, ment offered by our colleague, Con- ple to carry concealed weapons from and I hope my friends on the other side gressman JOHNSON, which basically State to State. of the aisle are proud. stated that if the experts conclude that This is not an open rule today. I a rule would result in a net job cre- b 1350 don’t want to claim that it is. It’s not ation, the rule shouldn’t be delayed That we’re debating those things on open rule. What we did, though, as and blocked by all the stuff that’s in when there are millions of people that the Rules Committee, is we asked all of this bill because we need jobs right are out of work, I think, is outrageous. our colleagues, anyone who has a pro- now. It’s interesting that that’s the Madam Speaker, at this time I am posal that they believe will make these one that my Republican friends chose proud to yield 3 minutes to the gen- bills better, send those amendments to to block because it has to do with jobs. tleman from New Jersey (Mr. AN- the Rules Committee for consideration. Another amendment that they DREWS). Anybody—Democrat, Republican—send blocked was one that I had offered. I’ve (Mr. ANDREWS asked and was given those amendments to the Rules Com- offered it many, many times in the permission to revise and extend his re- mittee for consideration. This is what Rules Committee, and that is to basi- marks.) we did in the Rules Committee. cally bring to the floor an amendment Mr. ANDREWS. Madam Speaker, as We received six Democratic amend- that would allow us to vote to strip big we stand here today, I would like us to ments for H.R. 527, six ideas from the oil companies of taxpayer-funded give- pause for a moment and think about an 435 Members in this House, six ideas for aways—subsidies is what I call them. American family who is not here. The making these bills better. They all And I’ve tried to bring it up on the husband works in a Home Depot, the came from the Democratic side of the floor a gazillion different times in a wife works as an administrative assist- aisle, and we made every single one of gazillion different ways, and I’m al- ant in a hospital, and they make to- those ideas available for debate here on ways told that there’s a germaneness gether about $50,000 a year. And they’re the House floor today. You didn’t used issue. But yet what does the Rules among the fortunate Americans who to see that. You didn’t used to see it Committee do? Oftentimes, it waives have jobs, but they’re frankly very under Republican administrations. You all the rules so that sometimes non- worried because it seems like the hard- didn’t used to see it under Democrat germane amendments can come to the er they work, the less ground they administrations. That’s what we’re floor. gain. They’re going backwards the doing here today in a bipartisan way. I mean, when you talk about balance, harder they work. H.R. 3010, sent out a notice to the en- the fact that taxpayers are subsidizing The House needs to understand that a tire Congress, Send your ideas for mak- big oil companies that made over $100 month from tomorrow, unless this ing H.R. 3010 better. Send them to the billion in profit last year, that we’re House acts, that family’s taxes will Rules Committee so that we can con- going to somehow continue taxpayer rise by $1,000. A month from tomorrow,

VerDate Mar 15 2010 03:14 Dec 01, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.040 H30NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 30, 2011 CONGRESSIONAL RECORD — HOUSE H7953 unless the House and the other body because of regulations, that’s actually a proposal, because the one that was and the President act, that family’s $5,000 per person. That’s $15,000 per a passed last year was not a proposal taxes will go up by $1,000 a year. three-member family. And so yes, I that both lowered tax burdens and pro- President Obama has said he will agree with my friend from New Jersey tected the solvency of Medicare and sign legislation that prevents that tax that we should absolutely cooperate on Social Security. increase from happening. The Demo- focusing on those burdens. The burden We must be sure not to further bank- cratic leader of the other body, Senator we’re focusing on today? Even larger, rupt a program that we all agree is al- REID, has said he will move and support by orders of magnitude. ready going bankrupt. I look forward legislation that prevents that from Mr. ANDREWS. Will the gentleman to that debate, Madam Speaker, be- happening. yield? tween now and the end of the year. Last night the minority leader, the Mr. WOODALL. I’d be happy to yield. And it’s not just that tax that’s ex- Republican leader of the other body, Mr. ANDREWS. I would just ask the piring. I know my friend is also con- indicated that he was now moving to a gentleman, then, if he is prepared to cerned about the Bush-Obama tax cuts position in favor of legislation pre- tell us whether the majority will put that were extended in December of 2010 venting that from happening. House on this floor before the 31st of Decem- and wants to be sure that those will be Democrats are prepared at this mo- ber a bill that suspends this tax in- extended in 2011 on into 2013. ment on this bill, on this day, to sup- crease on middle class Americans. Mr. ANDREWS. Will the gentleman port legislation that will postpone that Mr. WOODALL. My friend flatters me yield? tax increase on middle class families. by thinking I have the answer to that Mr. WOODALL. I’ll be happy to yield. The American people want us to information as a young freshman on Mr. ANDREWS. Those income tax re- work together, and I would trust that the House floor, but I’ll tell you this. ductions, of course, were extended to the vast majority of American people I’ll tell you that two things are true, December 31 of 2012. So there’s not an would say that in these economic times and it is a puzzler for me on the payroll urgent imminence to addressing that working together to suspend a thou- tax holiday that’s gone on this year. issue the way there is with this. sand-dollar tax increase on a $50,000-a- On the one hand I will tell you that I would just again put the question year family is something we ought to Republicans are absolutely the party of this way. I fully understand there are work together on. President Obama lower taxes and not higher taxes and different views as to whether or not we agrees. Senator REID agrees. It looks that actually speaks to this issue. should avoid this middle class tax in- like Senator MCCONNELL agrees. Lead- We’re also the party of making sure crease. I’m simply asking whether the er PELOSI and the House Democrats that we’re paying for those commit- gentleman supports giving us a clear agree. But we don’t have that bill on ments that we’re making. Social Secu- up-down vote on having that happen. the floor this afternoon. rity is different from any other tax, Mr. WOODALL. I would say to my This is our opportunity, colleagues, and when I go and talk to my grand- friend that I happen to support up- to move away from the daily back-and- father, he’ll say, ‘‘Rob, I want that So- down votes on all sorts of things. I’m forth of Republican versus Democrat cial Security. I paid into it all my an open rules guy, and I’m very proud politics and do something for which life.’’ of our Speaker who believes that the there is broad agreement and, I think, Well, we’re not paying into it right House works best when the House urgent need. now. The proposal is not to pay into it works its will. That’s really one of the Now, we have 30 days to get this next year, the proposal was not to pay changes that I understand we’ve seen done, and our track record is not very into it last year. I’d be interested to in this year that we haven’t seen in promising on meeting deadlines around ask my friend if he’s prepared to sup- years past. here. My suggestion is let’s move this port lowering those Social Security I think that’s important, Madam agenda on this day at this time and put benefits because, again, this is some- Speaker, for us to be able to bring before the House a bill that would sus- thing we’re paying into. those votes to the floor. pend this thousand-dollar tax increase Mr. ANDREWS. Will the gentleman But it’s also important to make sure on middle class families, all wage earn- yield? that folks have all of the information ers, across the country. Certainly this Mr. WOODALL. I’d be happy to yield. in the same way that folks might be is something on which we ought to Mr. ANDREWS. I am most certainly tempted to mischaracterize these bal- agree, certainly this is something the not in favor of that. I would frankly ancing provisions that we’re bringing House should be able to devote its time make up for the lost revenue with a forth today as some sort of Republican to, and certainly we should act on it surtax on people making more than a chicanery. here today. million dollars a year to cover it. Folks might also be tempted to char- Mr. WOODALL. Madam Speaker, I Let me ask the gentleman another acterize something that is going to yield myself such time as I may con- question. hasten the bankruptcy of Social Secu- sume. I understand that there are differing rity as being something that has no Even though I’m a freshman in this views in his party, and frankly ours, as consequence at all. There really are body, I have been working hard to try to whether an extension of the cut for consequences to this decision. And to to find metrics by which I can judge middle class families should continue. say to my friend I look forward to a ro- what’s happening here because this And I’m not asking him to say it would bust debate on that because it’s an im- body is not like so much that happens pass. That’s beyond the reach of any portant issue for American families. back home. The metric that I have Member, even the Speaker. With that, Madam Speaker, I would found while we’re debating a rule is But is the majority prepared to make like to reiterate that on H.R. 527, six that the less folks are talking about a commitment to the American people Democratic amendments offered, six the rule, I think the better job we did to at least get to vote on it, that it will Democrat amendments made in order. crafting it. I think that’s right. Be- let the majority work its will and ei- The House works best when the House cause if it was an awful rule, we’d ther vote ‘‘yes’’ or ‘‘no’’ on avoiding works its will. The rule today is pro- spend our time talking about what an this tax increase on middle class Amer- viding that opportunity. awful rule it is. When it’s a pretty good icans? I reserve the balance of my time. rule, we spend our time talking about Mr. WOODALL. I would say to my Mr. MCGOVERN. I yield 30 seconds to other issues on the floor. friend that the majority, again speak- the gentleman from New Jersey (Mr. I happen to agree with my friend ing out of school as a young freshman ANDREWS). from New Jersey. A thousand dollars here on the House floor, but I know Mr. ANDREWS. I thank my friend for a family earning $50,000, that’s real enough about my leadership to know from Georgia for engaging in good spir- money. Now, I would say, though, to the majority is absolutely committed it in this dialogue. my friend from Massachusetts that if to protecting and preserving Social Se- I would simply want to make it clear: you take that $1.75 trillion burden that curity not just for this generation but I think it’s the position of our party the Small Business Administration the next generation and beyond. And very clearly the House should vote on tells us is upon the American people the question is going to be can we find whether to avoid this thousand-dollar

VerDate Mar 15 2010 03:14 Dec 01, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.042 H30NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7954 CONGRESSIONAL RECORD — HOUSE November 30, 2011 tax increase on the middle class. That’s every single one of them said, Do you body money, but I don’t believe we can. our position. know what we need? We need cus- What we can do is give folks an oppor- I think you can hear that the major- tomers. We need Americans to have tunity to increase their productivity. ity position is a little more nuanced jobs, and we need them to have money No worker on the planet works harder than that. It is a yes-or-no question. in their pockets that they will spend in than the American worker. No worker We think there ought to be a vote on our small businesses. That will help us. on the planet has more productivity avoiding a thousand-dollar tax increase I guarantee, if we were to get more cus- than the American worker, and regula- on the middle class. And we’re ready to tomers, we would expand and we would tion after regulation after regulation put our cards in the machine and do hire more people. slows the American worker down. If that. The SPEAKER pro tempore (Mr. POE you want to put more money in the b 1400 of Texas). The time of the gentle- American worker’s pocket, you let the woman has expired. American worker be more productive Mr. MCGOVERN. Madam Speaker, I Mr. MCGOVERN. I yield the gentle- by providing some balance. yield myself such time as I may con- lady an additional 1 minute. Again, nothing we’re talking about sume. Ms. HAHN. We know that it’s our today, Mr. Speaker, says thou shalt not My friend, the gentleman from Geor- small businesses that have hired al- regulate. We know we’re going to regu- gia, said that his party likes to pay for most 60 percent of the new jobs that late. What we’re saying is, let’s regu- things. That statement startled me a we’ve had in this country. We know late with balance. Then my friend’s little bit because they didn’t think it that $1,500 would go back into the small businesses and my small busi- was important to pay for the Bush tax economy, and we know that that $1,500, nesses will have those customers that cuts, mostly for the rich, which have through this middle class tax cut, they need to get this economy moving now bankrupted us. They didn’t think would help businesses in this country. again. it was important to pay for the Medi- I know we’ve been called the do-noth- I reserve the balance of my time. care prescription drug bill, which was a ing Congress; but in this instance, if we Mr. MCGOVERN. Mr. Speaker, I yield lot more expensive than they had do nothing, Americans who can least myself such time as I may consume. promised and was not paid for. They afford it will see a tax increase come I just want my colleagues to under- don’t think about paying for the two right after the holidays. I dare say, stand that, if we were to extend the wars that we’re fighting in Afghanistan Americans who will see that kind of a payroll tax cut, according to Mark and Iraq. tax increase in January might worry Zandi, who is a Republican economist We had balanced budgets when Bill about how they’re spending their who advised JOHN MCCAIN in his Presi- Clinton left office. It was after that money this December, and it may just dential campaign, it would create that everything got out of whack, and affect their generosity, not only to 750,000 jobs. He also says that we’re it was because of these tax cuts, which their own families, but to those who likely to go into a recession if the pay- were mostly for the wealthy, and it are in need in this country. roll tax cut expires, if my Republican was because of a prescription drug bill Mr. WOODALL. I yield myself such friends don’t allow us to have a vote up and two wars, all of which were not time as I may consume, Mr. Speaker, or down on it. I am going to ask people paid for. So I hope my friends on the to say I’m always happy to find things to vote ‘‘no’’ on the previous question other side have finally gotten religion that I agree on with those across the so that we can have an up-or-down vote on this issue in that it is important to aisle. on this and so that people will have an try to pay for things as you go along I’ll say to my friend from California opportunity to make their views on and to embrace PAYGO as Democrats that we’re both new in this House and this issue known. have done. that I spent my Saturday doing those The other thing is we’ve heard all With that, I would like to yield 2 very same things. My small business this talk about what the cost of regula- minutes to the gentlewoman from Cali- owners told me that very same thing, tion is. Again, some of the numbers fornia (Ms. HAHN). though they told me one more thing. that have been touted here I question Ms. HAHN. I thank the gentleman They said, Do get the foot of govern- very seriously. OMB’s calculations from Massachusetts (Mr. MCGOVERN) ment off the throat of my small busi- demonstrate that regulation has a for yielding me this time. ness. They did say, ROB, you cannot positive net effect on the economy and Mr. Speaker, I just don’t think Amer- help me by doing more, but you can not by a little. In 2008, the Bush admin- icans can wait, but here we are again help me by doing less. You can help me istration’s OMB estimated that regu- today debating legislation that will do by getting out of the way and by let- latory costs for major rules were be- nothing to create jobs or to help fami- ting me do what I do. tween $46 billion and $54 billion and lies during these tough economic The question then becomes how we that the benefits of those regulations times. get those customers in that store, and were between $122 billion and $656 bil- I agree with my colleague from New there are absolutely two visions for lion. Jersey that we think that there just making that happen. We can either try So it goes back to the point I was needs to be a vote on the House floor to dispense more favors from Wash- making earlier, which is what we on this payroll tax cut, which, so far, ington, DC, Mr. Speaker. We can try to should be doing on this floor today—de- my friends on the other side are not pump more money that we don’t have bating a bill to put people back to agreeing to. There were 120 million out of Washington, DC, money that work. We should be extending the pay- American families that had $1,000 more we’re borrowing from our children and roll tax cut. We should also be talking in their pockets this past year because grandchildren; or we can try to get about initiatives that the President of the payroll tax holiday that we folks higher- and better-paying jobs— put forward, these bipartisan initia- passed. I believe we need to pass a new more jobs—which is what this rule is tives. We should be doing things that middle class tax cut, one that will save about today. will make a real difference in people’s the typical family $1,500. We are running jobs out of this coun- lives. Now, I do agree with my friend from try. We are forcing jobs out of this My friend talks about the American Georgia about job creators. I love job country. The new report came out of worker. There is no Congress, no Re- creators, but I think I have a different over 150 nations, Mr. Speaker. We are publican leadership in my lifetime that point of view on what helps our job cre- number 69 in how easy it is for busi- has been more hostile to the American ators and what helps our small busi- nesses to comply with their tax bur- worker than the leadership that runs nesses. I spent Saturday, November 26, dens, for example. Number 69. We this House right now, bringing bill Small Business Saturday, shopping in should be the best place on Earth to do after bill after bill to this floor to take small businesses. business. away the rights of workers at every I went into every one of them, and I What is it that raises salaries? single level. talked to them about what would help Sometimes my friend on the left sug- Do you want to know what one of the them: What can we do in Congress to gests that we could just raise the min- problems is with jobs moving overseas? help you as a small business? Almost imum wage and just guarantee every- It’s that some of the incentives in our

VerDate Mar 15 2010 03:14 Dec 01, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.043 H30NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 30, 2011 CONGRESSIONAL RECORD — HOUSE H7955 tax laws have made it easier and even sheep’s clothing. Don’t be fooled. This adjudicatory proceedings. It would impose attractive for companies to pack up is not about helping small businesses. unnecessary new evidentiary standards as a and go overseas and hire cheaper labor. It’s about halting regulations and in- condition of rulemaking. It would subject One of the problems with these series creasing the profits of big business. the regulatory process to unneeded rounds of of bills that we’re dealing with here litigation. Finally, the Regulatory Account- Under the guise of small business pro- ability Act would undermine the Executive today is that it will result in a rush to tection, it would subject any regula- Branch’s ability to adapt regulatory review the bottom in terms of regulation—the tion that could conceivably have any to changing circumstances. lowest common denominator in terms direct impact on small businesses to a In these ways and others, the Regulatory of clean water and clean air stand- more lengthy process, thereby delaying Accountability Act would impede the ability ards—because, among other things, the implementation of virtually any of agencies to provide the public with basic this legislation says that we should action any agency proposes and wast- protections, and create needless confusion take into consideration the standards ing agency time while doing so. and delay that would prove disruptive for in other countries. I urge my colleagues to oppose this businesses, as well as for state, tribal and So China is going to now set our local governments. rule and the underlying bills. If the President were presented with the clean water and our clean air stand- Mr. WOODALL. I continue to reserve ards? Give me a break. Let’s get real. Regulatory Accountability Act, his senior the balance of my time. advisors would recommend that he veto the Let’s bring something to the floor that Mr. MCGOVERN. Mr. Speaker, I yield bill. will make a difference in the lives of myself the balance of my time. Mr. Speaker, jobs, jobs, jobs. That’s the American people, especially those I would like to insert in the RECORD what we should be focusing on today— who are unemployed. Let’s bring a real the Statement of Administration Pol- not guns, not abortion, not reaffirming jobs bill to the floor. Let’s do some- icy, which is opposed to this legisla- our national motto—jobs. We need to thing meaningful. tion. I reserve the balance of my time. put people back to work. But that STATEMENT OF ADMINISTRATION POLICY Mr. WOODALL. Mr. Speaker, I yield doesn’t seem to be part of the Repub- myself such time as I may consume. H.R. 3010—REGULATORY ACCOUNTABILITY ACT OF lican agenda, and it’s hurting our coun- 2011 I could likely go back and forth all try. day long with my friend from Massa- (Rep. Lamar Smith, R–Texas, and 36 At the end of this year, as you have cosponsors, Nov. 29, 2011) chusetts believing that he loves work- already heard during this debate, the ers more, with my believing that I love The Administration is committed to ensur- payroll tax cuts signed into law by ing that regulations are smart and effective, workers more and with his believing that they are tailored to advance statutory President Obama will expire. Without that to define ‘‘loving of workers’’ goals in the most cost-effective and efficient action, middle class Americans will see means we have to regulate them dif- manner, and that they minimize uncer- their taxes go up by a thousand dollars ferently from Washington, D.C. For tainty. Accordingly, the Administration next year. Without action, GDP growth me, ‘‘loving workers’’ means we’re strongly opposes House passage of H.R. 3010, will fall by half a percent and will cost going to free them to do those things the Regulatory Accountability Act. The Reg- the economy 400,000 jobs according to that they do best, which is to produce. ulatory Accountability Act would impose the economic forecasting group Macro- I reserve the balance of my time. unprecedented procedural requirements on economic Advisers. Extending this tax agencies that would prevent them from per- Mr. MCGOVERN. Mr. Speaker, at this cut is not just good for American fami- time I would like to yield 2 minutes to forming their statutory responsibilities. It would also create needless regulatory and lies, it’s good for the American econ- a member of the Judiciary Committee legal uncertainty and increase costs for busi- omy. According to Ameriprise Finan- whose amendment was not made in nesses, as well as state, tribal, and local gov- cial, extending the payroll tax cut order by the Rules Committee, the gen- ernments, and further impede the implemen- could add more than 1 million jobs to tleman from Georgia (Mr. JOHNSON). tation of commonsense protections for the the economy. American public. Mr. Speaker, this is the kind of legis- b 1410 The Regulatory Accountability Act would Mr. JOHNSON of Georgia. Mr. Speak- impose unnecessary new procedures on agen- lation that we need to be debating, not er, I rise in opposition to this rule and cies and invite frivolous litigation. When a right-wing, hot-button social issues or the underlying bills. Instead of cre- Federal agency promulgates a regulation, it bills that, when you add it all up, don’t ating jobs, the Grover Norquist/Tea must already adhere to the requirements of mean anything to anybody in this Party Republicans are assaulting the the statute that it is implementing. In many country. cases, the Congress has mandated that the very regulations that ensure we have But where is this extension of the agency issue the particular rule or regula- payroll tax? It’s not in this rule? It’s clean air, safe water and food, along tion, and it often prescribes the process the with safe prescription drugs and other agency must follow. Agencies must also ad- not in the majority leader’s schedule. products that Americans consume. here to the robust and well understood pro- In fact, the Republicans seem to be ig- They want us to create so many bar- cedural requirements of the Administrative noring this issue. riers and obstacles that it would essen- Procedure Act, and major rules are subject It’s sad. It’s sad that the Republican tially make it impossible for Federal to the requirements of other Federal stat- leadership would rather raise taxes on agencies to do their jobs, all in the utes such as the Regulatory Flexibility Act, middle class Americans basically to the Unfunded Mandates Reform Act, and the name of simply increasing the profits protect tax breaks of millionaires. If Paperwork Reduction Act. In addition, for there was a vote right now on a bill of big business. decades, agency rulemaking has been gov- The Regulatory Accountability Act erned by Executive Orders issued and fol- that was going to cut one penny, it was would require agencies to perform 60 lowed by administrations of both political going to cost Donald Trump one penny additional analyses and other proce- parties. These require regulatory agencies to more in taxes, the other side would be dural actions within the rulemaking promulgate regulations only upon a reasoned overfilled with speakers. But we’re process, further slowing down an al- determination that the benefits of the regu- talking about middle-income Ameri- ready burdensome process. I am talk- lations justify the costs, to consider regu- cans, struggling Americans, that if we latory alternatives, and to promote regu- ing about bureaucratic red tape. They don’t act by the end of this year they latory flexibility. Lastly, final regulations will see a $1,000 increase in their taxes. want to take it to the next level. They are subject to review by the Federal courts want to duct tape and blindfold and put to ensure that agencies satisfy the sub- Now, we can change all that here a straitjacket on Federal agencies stantive and procedural requirements of all today. We can change that here today issuing regulations that help Ameri- applicable statutes and consider input from and actually bring to the floor some- cans. This would also make it much the relevant stakeholders. thing that is meaningful. If we defeat easier for large corporations to evade Passage of H.R. 3010 would replace this the previous question, I will offer an their obligations to protect the public time-honored framework with layers of addi- amendment to the rule to require that tional procedural requirements that would we vote on a payroll tax holiday exten- by giving special interests multiple seriously undermine the ability of agencies points in the process to tie up the proc- to execute their statutory mandates. It sion for next year. If we don’t pass an ess in knots. would require cumbersome ‘‘formal’’ rule- extension, all working Americans will The Regulatory Flexibility Improve- making for a new category of rules, for get a little less in their paychecks be- ments Act is no better. It’s a wolf in which agencies would have to conduct quasi- ginning in January.

VerDate Mar 15 2010 03:18 Dec 01, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.045 H30NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7956 CONGRESSIONAL RECORD — HOUSE November 30, 2011 Mr. Speaker, I ask unanimous con- benefits of that regulation, without re- consideration. Both the underlying sent to insert the text of the amend- gard to the burdens of that regulation, provision and the rule itself have gone ment in the RECORD along with extra- that’s exactly what we do. through regular order. Mr. Speaker, neous materials prior to the vote on My friend quoted the OMB, talking there’s no need to rush these bills to the previous question. about the values of regulations. I don’t the floor. We can take them through The SPEAKER pro tempore. Is there dispute that at all. I’m absolutely cer- the process to make sure that they are objection to the request of the gen- tain there are some regulatory initia- thoughtfully examined line by line by tleman from Massachusetts? tives that do, in fact, produce a benefit. line. And these bills have been. There was no objection. All I’m asking for is that we balance Interestingly enough, Mr. Speaker, Mr. MCGOVERN. Mr. Speaker, again that benefit with whatever burden it that’s all these bills are asking of our I urge my colleagues to vote ‘‘no’’ and causes, because—and this is a rhetor- administrative branch agencies—that defeat the previous question so we can ical question, Mr. Speaker, but do folks the regulations that they’re promul- make sure that working families do honestly believe that the regulatory gating be examined line by line by line not see their payroll taxes go up while burden should exist irrespective of the to make certain that the benefits out- we’re still struggling to recover from a benefits that it provides. That’s what weigh the burdens. recession. This is exactly the type of we do. In these two pieces of legisla- It’s a surprise to me, Mr. Speaker, action that people all over the country tion, Mr. Speaker, we ask regulatory that it’s even something that we’re ar- are hoping this Congress will move on. agencies to examine those benefits and guing about today. I would have I urge a ‘‘no’’ vote on the rule, and I burdens. thought that this is common sense. yield back the balance of my time. Now, as my friend from Massachu- Certainly in my district it’s common Mr. WOODALL. I yield myself the setts talks about partisan politics, I sense. Perhaps other constituencies balance of my time. come from a district that was a proud feel differently—balancing the benefits I’m proud to be here with you today, ‘‘no’’ vote on both the ridiculous stim- with the burdens. Don’t let folks tell Mr. Speaker. When we talk about jobs, ulus bill from the Bush administration you, Mr. Speaker, that regulations jobs, jobs, that’s why I came to Con- and the ridiculous stimulus bill from come without a burden. I’ll give you an gress, and that is exactly what we’re the Obama administration. example. I have a cardboard box manu- talking about in this rule today. And I b 1420 facturer in my district, manufactures hope, Mr. Speaker, you have seen with We are equal opportunity ‘‘no’’ votes cardboard boxes. It may not be glam- great concern what I have seen here on ridiculousness. And that is what we orous work, but it’s important work. I today, and that is a complete dis- have here as we try to reclaim some was visiting the plant the other day. connect, it appears, with my colleagues regulatory authority from the execu- They said: ROB, when they were talk- on the other side with the under- tive branch agencies. ing about the ethanol regulations, did standing that increasing regulation, I’ll be the first to say, Mr. Speaker, they ever talk about the impact the needlessly increasing regulation, bur- that I think the Congress went a little ethanol regulations would have on dens the American worker, undermines light on President Bush. And I cer- cardboard box manufacturers? the American economy, thwarts jobs. tainly believe the last 2 years of the I said I wasn’t in Congress then, but And I say, Mr. Speaker, this is one of Democratic Congress went a little light I never heard about it. those things on which if we disagree on President Obama. I think we have a They said when you decided that you we’re just going to have to agree to dis- constitutional duty to defend our legis- were going to insert ethanol in every agree, because it is as clear to me as it lative prerogative to make the rules gallon of gasoline, you also decided you is that the sky is blue that when you that this Nation abides by, not an were going to raise the price of corn. increase the regulatory burden you unelected bureaucrat downtown, but And we use corn starch in the glue that make the American family poorer for elected officials right here in Wash- holds our boxes together, and we use it. ington, D.C., here in the people’s corn starch with our fiber to make our I know I can’t ask for a show of House, those of us who have to go home boxes stronger. And every time you hands here, Mr. Speaker, but if I did and subject ourselves to voters every 2 pass a regulation that increases the use and said, Who is it, who wants dirtier years. This is where that authority be- of ethanol and decreases the avail- drinking water back home in their dis- longs. And we should have those votes. ability of corn to other sources, you trict? Who is it that doesn’t drink from Yes and no, we should have those votes raise the price of our boxes. You can the same spigot as the rest of us? Who on whether or not that’s our shared vi- produce boxes anywhere in the world; is it that doesn’t shop at the same gro- sion of America. and if we can’t stay competitive, we’re cery stores as the rest of us? Who is it Now I’m going to get a little off going to lose this business overseas. who doesn’t drive on the same roads as topic, Mr. Speaker. It’s clear to me Mr. Speaker, there are unintended the rest of us? We’re all in this boat to- that we’re going to be talking about consequences to the work of this body gether. We’re all this boat together, the payroll tax over the next week or every single day, and the arrogance to Mr. Speaker. 10 days. I want to encourage all of my believe we can foresee them all aston- I come from the Deep South, and colleagues to understand that’s not a ishes me. We must understand our fal- whenever we start talking about envi- free discussion. Every penny that you libility. We must understand that we ronmental issues, it always gets me so choose not to deposit in the Social Se- cannot foresee all of those con- pumped up, because, dad gum it, no- curity trust fund is a penny closer to sequences. body spends more time outside than I bankruptcy the Social Security trust So every time we have an oppor- do. Nobody cares more about the envi- fund comes. tunity to measure, Mr. Speaker, every ronment than I do. And yet time and It’s easy to say you’re going to get time we have an opportunity to look at time again you hear that characteriza- something for nothing, but we’re not. the pros and the cons to ensure that tion that somehow asking for a bal- $15 trillion in debt, Mr. Speaker; $15 we’re getting it right, Mr. Speaker, anced regulatory environment, a bal- trillion. We’ve already been giving every time we pass a regulation, we anced regulatory environment, is away something for nothing for far too steal freedom from someone some- somehow anti-environment or anti- long. The question is how can we both where. Understand that. Every time we American. help the middle class taxpayer with pass a regulation, we steal freedom I must tell you, Mr. Speaker, these their tax burden and preserve Social from somebody somewhere. bills before us today, the Regulatory Security for generations to come. It’s Our government is a social contract Flexibility Improvements Act, the not a freebie, Mr. Speaker. These are where we agree to give up individual Regulatory Accountability Act, that’s tough questions that require serious liberty so we can exist collectively. We why I came to Congress. That is why I answers, not on a motion to recommit, have public services for safety and fire, came to Congress. not on a motion to instruct, but in on and on and on. But every single one We cannot make everybody rich, but thoughtful committee consideration. of those comes at the expense of per- we can make everybody poor. And I’ll get back to the rule now because sonal liberty. But we have decided that when we regulate without regard to the this has had thoughtful committee the expense is worth it.

VerDate Mar 15 2010 03:18 Dec 01, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.047 H30NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 30, 2011 CONGRESSIONAL RECORD — HOUSE H7957 Mr. Speaker, these bills do that motion for the previous question is defeated, fornia (Mr. GEORGE MILLER) each will today: balance benefits and burdens, control of the time passes to the Member control 30 minutes. provide that information to the Amer- who led the opposition to ordering the pre- The Chair recognizes the gentleman ican voter, and let’s make sure that vious question. That Member, because he from Minnesota. then controls the time, may offer an amend- what we’re doing is worth it. Mr. KLINE. Mr. Chairman, I rise in ment to the rule, or yield for the purpose of support of H.R. 3094, the Workforce De- Mr. Speaker, this is an example of amendment.’’ how one ought to do a rule, how one In Deschler’s Procedure in the U.S. House mocracy and Fairness Act, and I yield ought to open up the process, how one of Representatives, the subchapter titled myself such time as I may consume. ought to encourage debate on all of the ‘‘Amending Special Rules’’ states: ‘‘a refusal The legislation we are considering ideas that are brought to this House to order the previous question on such a rule today is straightforward. It reaffirms floor. I encourage strong support for [a special rule reported from the Committee workforce protections that have been this rule. I encourage strong support on Rules] opens the resolution to amend- in place for decades. ment and further debate.’’ (Chapter 21, sec- Across the country, the American for the underlying legislation. tion 21.2) Section 21.3 continues: ‘‘Upon re- The material previously referred to people are asking: How can we get this jection of the motion for the previous ques- economy moving again? What will it by Mr. MCGOVERN is as follows: tion on a resolution reported from the Com- take to finally put people back to AN AMENDMENT TO H. RES. 477 OFFERED BY MR. mittee on Rules, control shifts to the Mem- work? And Washington is responding MCGOVERN OF MASSACHUSETTS ber leading the opposition to the previous with a number of answers. Some think question, who may offer a proper amendment At the end of the resolution, add the fol- we should support more spending, more lowing new section: or motion and who controls the time for de- SEC. 5. Not later than December 16, 2011, bate thereon.’’ taxes, and more regulations. In es- the House of Representatives shall vote on Clearly, the vote on the previous question sence, they are asking the country to passage of a bill to extend the payroll tax on a rule does have substantive policy impli- double down on the same failed policies holiday beyond 2011, the title of which is as cations. It is one of the only available tools of the past. follows: ‘Payroll Tax Holiday Extension Act for those who oppose the Republican major- My Republican colleagues and I be- of 2011.’. ity’s agenda and allows those with alter- lieve we should chart a different native views the opportunity to offer an al- course, one that includes removing reg- (The information contained herein was ternative plan. ulatory roadblocks to job creation. The provided by the Republican Minority on mul- Mr. WOODALL. I yield back the bal- Workforce Democracy and Fairness tiple occasions throughout the 110th and ance of my time, and I move the pre- 111th Congresses.) Act is part of that effort. The legisla- vious question on the resolution. tion says we shouldn’t allow unelected THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The bureaucrats to dictate policies that IT REALLY MEANS question is on ordering the previous make our workplaces less competitive. This vote, the vote on whether to order the In June the National Labor Relations previous question on a special rule, is not question. merely a procedural vote. A vote against or- The question was taken; and the Board proposed sweeping changes to dering the previous question is a vote Speaker pro tempore announced that the rules governing union elections. against the Republican majority agenda and the noes appeared to have it. Under the board’s radical scheme, em- a vote to allow the opposition, at least for Mr. WOODALL. Mr. Speaker, on that ployers would have just 7 days to find the moment, to offer an alternative plan. It I demand the yeas and nays. an attorney and navigate a host of is a vote about what the House should be de- The yeas and nays were ordered. complicated legal issues before con- bating. The SPEAKER pro tempore. Pursu- fronting an NLRB election official. Mr. Clarence Cannon’s Precedents of the ant to clause 8 of rule XX, further pro- Employees will have as little as 10 days House of Representatives (VI, 308–311), de- to decide whether they want to join a scribes the vote on the previous question on ceedings on this question will be post- the rule as ‘‘a motion to direct or control the poned. union, denying them an opportunity to gain valuable information and make an consideration of the subject before the House f being made by the Member in charge.’’ To informed decision. defeat the previous question is to give the WORKFORCE DEMOCRACY AND The NLRB is already telling employ- opposition a chance to decide the subject be- FAIRNESS ACT ers like Boeing where they can and fore the House. Cannon cites the Speaker’s Mr. KLINE. Madam Speaker, I ask cannot create jobs. Now the board ruling of January 13, 1920, to the effect that unanimous consent that all Members wants to take away a worker’s right to ‘‘the refusal of the House to sustain the de- may have 5 legislative days in which to make a fully informed decision in a mand for the previous question passes the union election. This proposal largely control of the resolution to the opposition’’ revise and extend their remarks and in- clude extraneous material on H.R. 3094. prohibits employers from raising addi- in order to offer an amendment. On March tional legal concerns, denies answers to 15, 1909, a member of the majority party of- The SPEAKER pro tempore (Mrs. questions that can influence the vote, fered a rule resolution. The House defeated ROBY). Is there objection to the request the previous question and a member of the of the gentleman from Minnesota? and turns over to union leaders even opposition rose to a parliamentary inquiry, There was no objection. more personal employee information. Let’s get something straight: The asking who was entitled to recognition. The SPEAKER pro tempore. Pursu- board’s scheme isn’t about modernizing Speaker Joseph G. Cannon (R-Illinois) said: ant to House Resolution 470 and rule ‘‘The previous question having been refused, the election process. This is a draco- XVIII, the Chair declares the House in the gentleman from New York, Mr. Fitz- nian effort to stifle employer speech the Committee of the Whole House on gerald, who had asked the gentleman to and ambush workers with a union elec- the state of the Union for the consider- yield to him for an amendment, is entitled to tion. Less debate, less information, and the first recognition.’’ ation of the bill, H.R. 3094. Because the vote today may look bad for less opposition—that’s Big Labor’s ap- the Republican majority they will say ‘‘the b 1427 proach to workers’ free choice, and it is vote on the previous question is simply a IN THE COMMITTEE OF THE WHOLE being rapidly implemented by the ac- vote on whether to proceed to an immediate Accordingly, the House resolved tivist NLRB. vote on adopting the resolution . . . [and] itself into the Committee of the Whole b 1430 has no substantive legislative or policy im- plications whatsoever.’’ But that is not what House on the state of the Union for the For 4 years Democrats controlled they have always said. Listen to the Repub- consideration of the bill (H.R. 3094) to this Congress. To my knowledge, not lican Leadership Manual on the Legislative amend the National Labor Relations once did they try to streamline the Process in the United States House of Rep- Act with respect to representation union election process. Not once. They resentatives, (6th edition, page 135). Here’s hearings and the timing of elections of did champion a failed effort to strip how the Republicans describe the previous labor organizations under that Act, workers of their right to a secret bal- question vote in their own manual: ‘‘Al- with Mr. POE of Texas in the chair. lot, but they didn’t bother to offer any though it is generally not possible to amend The Clerk read the title of the bill. the rule because the majority Member con- solutions to the alleged problems they trolling the time will not yield for the pur- The CHAIR. Pursuant to the rule, the now say plague the election process. pose of offering an amendment, the same re- bill is considered read the first time. Today, union elections take place in sult may be achieved by voting down the pre- The gentleman from Minnesota (Mr. an average of 31 days, giving workers a vious question on the rule.... When the KLINE) and the gentleman from Cali- month to consider the monumental

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