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

Floor Speech

Date: Feb. 26, 2014
Location: Washington, DC

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Mr. COLLINS of Georgia. Mr. Speaker, I thank the gentleman from Georgia for yielding me the time.

One of the things that comes when we have these debates, and we have a lot of issues that come before the floor, we speak in terms of--and my good friend from Georgia, we talked about this before--we talk in terms of bill numbers; we talk in terms of rules, the good gentleman from across the aisle from Colorado often speaks of; and we all talk in the terms that we understand.

But many times, when you look at bills and you look at the things that are coming before the floor, it is a good idea to start painting the picture of those that are impacted by it. Mr. Speaker, when we begin to do that and when we begin to look at the bills on the floor today, I want to tell you a story.

The story involves Mr. Puckett. He owns a small business that has been creating jobs for over 100 years, a family-owned brick company. Mr. Puckett attributes the success of his business to their hard work and loyal employees.

Unfortunately, when I met Mr. Puckett, the conversation was not so optimistic. He testified before the Judiciary Committee on the first bill I introduced, H.R. 1493, which is now title IV of this legislation, because his company had just lost 50 jobs as a result of two regulations crafted behind closed doors.

In a Nation of over 300 million, 50 jobs may not seem like much, but in Mr. Puckett's town, that is the difference between 50 families having food on the table or going hungry; or for small towns, like I have in northeast Georgia, it means the difference in staying in their beloved part of the State or moving somewhere else to find a job.

Every State, every congressional district, has their Mr. Pucketts. No business has been untouched by the toll of costly and overburdensome regulations. That is why I rise today in strong support of this rule and the underlying legislative package.

Now, a lot will be said and has been said about this, in saying that we need to do other things, we need to go on to this project. I just heard from my friend from across the aisle. As I have done before from here, I will simply remind him, in that nirvana state of just a few years ago, when they had the choice to do whatever they wanted to do, they chose to leave immigration on the table while they fixed other things which we are fixing today.

But today, we are going to talk about the Mr. Pucketts of the world and the business owners, but not just the business owners, the folks who work for them, the folks that so many times are missed by what we are trying to do.

By reforming our Nation's regulatory system, we jump-start the engine of our economy. When our economy gets up and going, our families flourish.

A lot can be said about this whole package. There are other speakers who will speak later today about the different titles. I am speaking specifically to title IV, which is commonly known as ``sue and settle.''

I have talked to Members of both Democrats and Republicans who go home and have townhall meetings. One of the things that happens all the time is you begin to talk about regulation in bills and what does this do. I see this sense of many who are in the audience. All of a sudden, their eyes just glaze over, and they say: Here it comes, Washington speak; we don't get it.

Well, I am just a country boy from northeast Georgia, and I just want to put it in simple terms. This makes it very simple to understand the sue-and-settle legislation.

Two people have a problem. They don't get along. Something is not right. In one group, they have maybe a business or a group that have a disagreement on something going on, and they can't seem to find their solution, so the one actually says: Whoa, I see something here. There is a regulation that I can sue on. This is a government agency that I can go sue. So we have a third party in play.

So what we do is we take two people who have an issue--and I will just use ``people'' as the term here--and we have their outlet as saying: I will sue a third party--being the Federal Government--and while I am suing, I will work out a deal with the bureaucrats in this agency and go to a judge and get a consent order; and then, by the way, then that consent order is binding on the other person.

I grew up in a family with a brother. I have often kidded that I thought he was adopted, but he is not. He is actually my brother. It is like any other sibling rivalry, but when we would have a disagreement, it is sort of like him going to Mom and Mom only believing him, only hearing his side of the story, and then punishing me--which, by the way, for anybody watching today, that happened quite regularly.

I have spoken many times to my mom and dad about that. But is that fair? No, it is not fair. Both sides need to be heard. You need to have the opportunity. That is what sue-and-settle legislation does.

You can hear a lot, and I am sure there will be many folks who will come to the floor today and tonight saying: No, that is not what it does; you are gumming up the works. And I will get to that in a minute.

But when we understand what these do--the abusive use of consent and decree and settlements to coerce agency action is often referred to, as I have said, to sue and settle--it is the reason Mr. Puckett was losing these jobs. He did not have the input because of one of these decrees.

Agencies are failing to uphold their statutory rulemaking discretion and are allowing lawsuits from outside the groups to determine their priorities and duties. Between 2009 and 2012, the majority of these sue-and-settle actions occurred in the environmental realm, Clean Water Act, Clean Air Act, and Endangered Species Act.

Again, when you come forward trying to make regulatory rules, we have, like we had testified into Rules Committee last night, that anybody threatening to say something about the regulatory action is wanting dirty water, dirty air, and baby cribs that fall apart, that is just a mischaracterization and not worthy of debate to the American people.

There is no one on this side of the aisle, Mr. Speaker, that wants to breathe dirty air; there is no one on this side of the aisle that wants dirty drinking water; and there is no one on this side of the aisle that wants malfunctioning parts that hurt people. That is not worthy of this debate.

This is simply saying that we are having an issue of fairness. Our President talks fairness. He discusses transparency. We are calling on him to say: We agree with you, Mr. President, on this issue. Let's have transparency. Let's have fairness here.

But, when someone enters an out-of-sight backroom deal with unelected employees--bureaucrats--to establish when the EPA will meet its past-due responsibilities, it is effectively deciding how EPA will use its limited resources and, thus, creating policy priorities for the Agency.

If the EPA needs assistance in prioritizing its many regulatory responsibilities, I recommend they consult the States who must implement these regulations and the communities that will be impacted by them.

Unlike what some claim, H.R. 1493 does nothing to hinder the rights of citizens to bring suit against their government. Again, another ``let's throw up something against the wall to see if it sticks.'' This does nothing. They can still bring the suits. We are just simply asking for transparency.

Instead of buying into the mantra of special interest groups that benefit from these sweetheart deals, let's look at what it actually does. As I described before in basic terms, it allows fairness; it allows transparency; and it allows those with constitutional standing to be part of a suit so that they can have input into something that will affect them. I believe everyone can agree to that.

If you are being affected, you ought to--and especially when it comes to the United States Government--we ought to be able to tell what this bill and what these rules and regulations do to us.

This is good governance. Why should we let just a certain area and a certain group--Mr. Speaker, you know of this as well. There are areas in which they get into disagreements and only their views are put forward. Sue and settle works to eliminate that.

And then, also, the bill actually requires agencies to publish notice of a proposed decree or settlement in the Federal Register and take and respond to public comments at least 60 days prior to filing the decree or the settlement. Again, it is simply improving public participation.

This is what we are about here. This is what this bill does. This bill takes a measured and reasonable approach to the sue-and-settle problem. It ensures that settlements are conducted out in the open and impacted stakeholders can have a seat at the table.

That is good governance. That is putting transparency out there. That is doing the things that we are supposed to do here.

I also have to respond to my friend from Colorado. We have great debates down here. I enjoy listening to your perspective and coming down, Mr. Speaker, and having this kind of conversation; but I was amazed because I believe, today, the American people--there are many times I have very frustrated people in the Ninth District of Georgia who say: Both your Houses, Republican, Democrats, you are the same. I am tired of it all.

Well, today is one of those days, in this discussion right here, that you can honestly say: Here is the difference in governing philosophy. And it came out just a minute ago.

I am here with a bill and other parts of this bill today that are actually looking for transparency, openness, and willing to get regulations that are effective in a limited form of government which our Founders thought of, so that businesses can still be businesses, employees can still have jobs, moms and dads can still have paychecks and take care of the kids at home and take care of their families.

What I heard just a few minutes ago was the concern about the burden on the Federal Government. We are more concerned that this may cause extra work. Frankly, from my perspective, I believe this legislation can help because we can trim the size of the Federal Government and give roles and responsibilities where they need to be with States and others, and when we do so, that gives us the proper respect.

The SPEAKER pro tempore. The time of the gentleman has expired.

Mr. WOODALL. I yield the gentleman an additional 2 minutes.

Mr. COLLINS of Georgia. I think what we see here is a concern for the Federal Government. Our government employees are great folks--they do good work--but I am more concerned with the American business owner. More importantly, I am concerned with the workers who will lose their jobs, have lost their jobs, or who have had to change jobs.

This is the difference right now, Mr. Speaker. If you want to see governance philosophy that is different, I am concerned that government should do what it is supposed to do and that the burden they are putting on themselves should be removed. My concern is the business owner and the worker. My concern is Mr. Puckett. My concern even more is for the 50 folks who don't have jobs because the government, through regulatory backroom deals, has cut out their livelihoods.

Who do they see for that, Mr. Speaker? Who do they go and complain to? What government agency takes their phone calls when their government has, in essence, helped put them out of jobs?

No one on this side wants anything except an economy that is flourishing and people who are working and jobs that are secure. It is about the everyday man and woman who gets up and goes to work, but their business owners are having to tell them ``not today.'' We are being inundated with rules and regulations. I will stand with the American worker every day. I will acknowledge the role of our government in its limited form, but don't ever mistake there is a separate philosophy here, one that encourages Big Government and one that says, ``I am for the workers who get up every morning and go to work to take care of their families.''

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