Mr. Chairman, I thank the lady for yielding and for her leadership. I strongly oppose this bill because I believe it would in effect cripple the SEC just as it undertakes the immense task of implementing the essential Dodd-Frank reforms.…
Mr. Chairman, I thank the lady for yielding and for her leadership.
I strongly oppose this bill because I believe it would in effect cripple the SEC just as it undertakes the immense task of implementing the essential Dodd-Frank reforms. May I remind my colleagues that this country lost $12 trillion, according to some estimates, and it happened in part because regulators, like the SEC, were ill-equipped, underfunded, and did too little, too slowly.
The Republican bill comes in the guise of requiring the SEC to undertake a cost-benefit analysis of regulations. But it is really a prescription for paralysis of the SEC's ability to protect our investors and our markets.
There is already a multilayered and highly effective cost-benefit analysis built into the SEC rulemaking process. Just look at the recent D.C. Circuit case where the court overturned an SEC proxy access rule and sent a message back to the SEC reminding them of all the cost- benefit analysis that they are required to do now by law. They stated they will vacate any rule if this is not done.
Already there is analysis required under the Paperwork Reduction Act, the Congressional Review Act, and the Regulatory Flexibility Act. And just for the SEC alone, in 1996, we passed the National Securities Market Improvement Act requiring a cost-benefit analysis.
It is already there, it is on the books, and it is enforced by our courts. So what is before us today? A hurdle. Let's do more. Let's require them to go back to 1933, review every rule, so they cannot do their important work of protecting the American taxpayer and our economy of derivatives fraud, other fraud, and other abuses to investors.
I'm just warming up. I think my colleagues have a lot to say. It is a prescription for paralysis. I urge a ``no'' vote for investor protection.
Mr. Chairman, I have an amendment at the desk.
I thank the Chair, and I yield myself as much time as I may consume.
First, I would like to say that I am happy to work with Mr. Garrett on a variety of issues. I respect his leadership. But I must respectfully and strongly disagree with him on this issue before us today.
It seems clear that the intended effect of the Republican bill is to cripple the SEC just as they undertake the very tough and important job of implementing the badly needed reforms we passed in Dodd-Frank.
May I remind my colleagues that we passed Dodd-Frank in response to the worst financial crisis in our lifetime, one in which we were at one point losing 700,000 jobs a month, and by some estimates the loss was well over $12 trillion.
My amendment strikes the underlying bill and puts a sense of Congress in its place.
My amendment contains findings that very clearly lay out the cost- benefit analysis process that the SEC already has to go through in proposing or adopting a rule.
What this bill would do now, the Republican bill, is handcuff the SEC commissioners with unnecessary redtape so that the Commission will be unable to protect investors effectively.
Despite what the other side of the aisle is saying, there is already a multi-layered and effective cost-benefit analysis built into the SEC rulemaking process.
The SEC is already required by law to do cost-benefit analysis under the Paperwork Reduction Act and the Congressional Review Act and the Regulatory Flexibility Act, and for the SEC specifically under the National Securities Markets Improvement Act of 1996.
In fact, just last year, the GAO issued a report praising the SEC's guidance on cost-benefit analysis saying:
The basic elements of good regulatory economic analysis.
And in evaluating a recent proposal on swaps regulation, the cochairman of the Financial Services Department at Cadawalder wrote:
The SEC release contains the most detailed attempt at an
economic analysis of the effect of the rules that I have seen
from any agency.
But under this Republican bill, the SEC would have to divert its limited budget resources away from enforcement or examining the impact of worldwide derivatives markets only to duplicate things it is already doing.
This bill also says that every 5 years the SEC is required to do a cost-benefit analysis of every regulation it has ever issued on any subject going back some 80 years, back to day one in 1933. And it would have to magically do all of this without one additional red cent of additional funding to cover the cost of it.
If we want to highlight anything, we should be highlighting the extensive process that exists and the judicial scrutiny that it includes, which is what my amendment does.
The stated mission of the SEC is to protect investors; not give them more redtape; maintain fair, orderly, and efficient markets; and facilitate capital formation. Let's help them do that--not just make them jump through unnecessary, costly, and duplicative hoops.
The underlying bill, the Republican bill, is a prescription for paralysis of the SEC's ability to protect investors. I urge my colleagues to support my amendment, and I reserve the balance of my time.
I would like to point out to my colleague that the circuit court decision underlines the point that I'm making in my amendment. It says clearly that there are cost-benefit analyses that are required by the SEC, and it made clear that there is a judicial review, that not only is analysis required, but you can always appeal to the court.
I yield my remaining time to the distinguished ranking member from the great State of California, Maxine Waters.