Political Quotes

On the recordDecember 1, 2011
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.
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Lamar Smith
Republican · Texas

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