Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 872 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to my friend, the gentlewoman from…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 872 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to my friend, the gentlewoman from California (Mrs. Torres), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
General Leave
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks.
Mr. Speaker, I rise today in support of the rule and the underlying legislation.
The rule makes in order two bills reported favorably by the Judiciary Committee and a Senate joint resolution that gives this House an opportunity to utilize the Congressional Review Act to repeal the CFPB's onerous regulation on indirect auto lenders.
The first proposal we will consider today is the Citizens' Right to Know Act of 2018. This piece of legislation, offered by my friend and colleague from Texas, Judge Ted Poe, will bring much-needed sunlight to the Federal pretrial services programs.
We will also consider legislation offered by my fellow Judiciary Committee member, Representative Handel from Georgia, which ensures companies entering into merger proceedings will receive equal treatment, whether their case is reviewed by the Department of Justice or the Federal Trade Commission.
Finally, the House will consider a joint resolution that will repeal the Consumer Financial Protection Bureau's burdensome guidance on indirect auto lending. Senator Moran's legislation previously passed the Senate 51-47 on March 22, 2018. President Trump has also signaled his support for this legislation.
The rule makes in order one amendment to the Standard Merger and Acquisition Reviews Through Equal Rules, or SMARTER, Act.
Why?
Because all other amendments offered were not germane to the subject matter being discussed in these important pieces of legislation.
Mr. Speaker, today, we have an opportunity to debate a crucial component of the criminal justice system: federal pretrial release programs. Before the 1960s, defendants had three options to be released prior to trial. Individuals were either released upon one's own recognizance, or if they posted commercial bail, or the individual would remain in prison until his or her hearing date.
However, in the 1960s, the Johnson administration established a fourth option: pretrial services programs. These programs were originally intended to assist nonviolent, indigent individuals who did not possess the means to post commercial bail. The program captured information about the alleged offender's community ties and released low-risk individuals without financial obligations. The program only required a signature and a promise to appear in court.
While pretrial release programs were created to serve those individuals who do not pose a threat to the community and could not afford to post commercial bail, these taxpayer-funded programs have quickly expanded and overgrown their original intent.
Today, more than 300 pretrial release programs exist across the United States. These programs are being used to slowly eliminate a successful service that operates independently of Federal tax dollars: the commercial bail system.
In fact, a number of major cities across the country are exploring the potential of moving completely to a pretrial release system while significantly reducing the use of commercial bail.
However, the problem with this expansion and these federally funded pretrial release programs is that they allow violent individuals and repeat offenders to participate even when many of these defendants are perfectly capable of posting a commercial bond and have previously done so.
Offenders are not required to post any collateral for their release. There is no supervision to ensure that they show up in court on their hearing date. Worst of all, there is no incentive to prevent a criminal from committing another crime in the meantime.
If you have ever watched an episode of the popular television show ``Dog the Bounty Hunter,'' you know that this is not how the commercial bail system works. These professionals ensure that defendants show up for trial on the correct date, or they will physically bring the individual in question to the courthouse for their hearing.
On top of these issues, federally funded pretrial release programs are not required to report to the Department of Justice any information regarding an offender's past criminal history, utilization of the pretrial release program, failure to appear before a court, and any other relevant compliance data. A judge is essentially releasing potentially dangerous individuals back into the community with so little as a wink and a promise that they will appear in court.
We cannot allow this practice to continue. Mr. Speaker, our constituents deserve to know whether their tax dollars are being spent responsibly.
Judge Poe's bill, the Citizens' Right to Know Act, will address these significant concerns by ensuring that the Department of Justice and Congress have the information we need to determine whether these programs that receive millions of dollars from the Federal Government are operating effectively.
The legislation requires the Attorney General to submit a report to Congress annually that includes information regarding each defendant participating in a pretrial release program. The report will include the individual's name, each occasion the individual failed to appear for court, and the individual's previous arrest record.
Additionally, this proposal ensures that local jurisdictions will submit required data to the Department of Justice by establishing that any failure to produce this report will result in forfeiture of a portion of the jurisdiction's Federal grant funds for the following year.
Mr. Speaker, this bill is a good government solution that will provide much-needed oversight for pretrial services programs and give communities an incentive to ensure we are not allowing violent repeat offenders back on the streets without the correct level of supervision.
Finally, this important legislation will also ensure that the millions of taxpayer dollars we spend annually on those programs are being utilized in the best way possible.
We owe it to our constituents to make sure that we know how their hard-earned money is being spent. It is about time that we brought a little sunlight to these programs that allow potentially violent offenders to go free in our communities.
Mr. Speaker, the Judiciary Committee also moved an important piece of legislation that will bring parity to the merger and acquisition process no matter which Federal agency takes charge of the antitrust review process.
Currently, both the Federal Trade Commission and Antitrust Division of the Department of Justice have authority to enforce section 7 of the Clayton Act, which prohibits mergers and acquisitions that could undermine competition in the marketplace or create a monopoly. Both agencies receive notice of proposed mergers and are given an opportunity to review the transaction, while only one agency ends up taking custody of the transaction.
However, the FTC and DOJ maintain different standards when seeking a preliminary injunction against a proposed merger. This disparity manifests itself in multiple ways. However, one main difference is that the DOJ will often seek both a preliminary and permanent injunction before a district court, while the FTC has fought against this consolidation of injunctions. That means that two separate Federal agencies with two different legal standards oversee the merger process without any clear guidance determining which agency and standard will be used to examine the transaction.
Mr. Speaker, we cannot continue fostering this double standard surrounding merger and acquisition review. Businesses need certainty before attempting to enter into major transactions, and Federal regulatory bodies must be as transparent as possible when making decisions that can create major ripples in the country's economy.
Representative Handel's bill, the SMARTER Act, gives businesses certainty about how their merger will be reviewed before entering into a major deal. This important piece of legislation harmonizes the Federal antitrust review process by ensuring mergers and acquisitions will be treated identically no matter what Federal regulatory agency reviews the transaction. This bill will treat businesses in a way that will encourage continued economic growth, build market stability, and ensure the review process will be the same no matter which Federal agency reviews the transaction.
Mr. Speaker, while we are debating the topic of financial stability and economic growth, we are also here to discuss an important piece of legislation the Senate recently passed and we will consider on the House floor this week.
The House will debate S.J. Res. 57, Senator Moran's legislation that offers a resolution of disapproval under the Congressional Review Act that would overturn the CFPB's onerous regulation of the indirect auto lending industry. In fact, despite being expressly prohibited from overseeing auto dealers in the Dodd-Frank financial reform law, the CFPB promulgated and issued guidance regulating the indirect auto lending industry.
To make matters worse, the CFPB tried to disguise this harmful regulation by issuing it in the form of a guidance document, which does not need to go through the typical notice and comment process. This arduous regulatory scheme sought to disrupt third-party lending, especially from small community banks and credit unions in the auto loan market. The CFPB did so by issuing guidance stating that, in order to avoid liability under the Equal Credit Opportunity Act, institutions with indirect lending relationships with auto dealers must either place controls on dealer compensation or forbid dealers from offering a marked-up rate on loans.
The CFPB overstepped its statutory authority once again in what the agency described as an attempt to reduce discrimination in the marketplace. However, as Chairman Hensarling testified before the Rules Committee yesterday, the House sent 13 letters to the CFPB questioning the rationale for the rule and science the agency used to determine that there was discrimination occurring in the marketplace. Not surprisingly, the CFPB could not point to sound science that led to this decision. In fact, new evidence shows that the CFPB's expected outcomes could be off by as much as 20 percent.
To make matters worse, Chairman Hensarling also testified that this rule is expected to increase the per person cost of purchasing an automobile by $586 per loan. I know that in eastern Colorado, $586 makes a big difference. That is the difference between being able to put money aside for taking a family vacation or making much-needed home repairs.
This guidance has only resulted in removing options from consumers, reducing the ability to find affordable auto financing, and setting a dangerous precedent in how to dance around Federal rulemaking processes.
Mr. Speaker, it is time that this Congress takes steps to rein in the CFPB's unaccountable, overbroad regulatory powers. One agency should not have the ability to significantly curtail an entire facet of the lending market. Additionally, no agency should be able to skirt formal rulemaking procedures when issuing guidance of this magnitude.
The CFPB's indirect auto lending rules create an unworkable situation where an independent agency, manned by unaccountable bureaucrats, flagrantly ignored Federal statute to do what it thinks is best for the American people. Instead of benefiting the American people, though, this guidance
threatens to raise the cost of credit, cut back opportunity for indirect lending, and has created disincentives for financial companies to provide customers with discounted auto loans.
Congress must take this opportunity to overturn a detrimental guidance that is not only circumventing the rule of law by disguising new regulations in an effort to draw less scrutiny, but is also raising rates and providing fewer choices for consumers.
This resolution of disapproval will accomplish all of these goals. The legislation, which recently passed in the Senate 51-47, will utilize the Congressional Review Act process to overturn the CFPB's guidance while also sending a clear message that agencies should not be circumventing congressional oversight.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 5 minutes to the gentleman from New York (Mr. Zeldin).
Mr. Speaker, I yield myself such time as I may consume.
We have before us a rule that makes three pieces of legislation in order: a bill that increases transparency for pretrial release programs, legislation that streamlines the review process for mergers and acquisitions, and a resolution of disapproval for the CFPB's harmful indirect auto lending rule.
The Federal Government's greatest responsibility to its citizens is to secure their safety and security. Congress has a duty to recognize when there is a security problem that is putting people in jeopardy, especially when it is a Federal pretrial release program that is putting potentially violent offenders onto the streets without any supervision. The American people deserve to know that their hard-earned tax dollars are being spent in the most responsible way possible. We cannot continue pushing millions of dollars into broken programs that release dangerous individuals back on the street.
Additionally, Congress has a statutory duty to ensure that businesses are not pursuing anticompetitive mergers and acquisitions. However, that does not mean that we should continue fostering the current climate that features the DOJ and FTC maintaining two distinctly different processes for reviewing these transactions. We have the unique opportunity to create certainty for businesses while harmonizing the review process with the SMARTER Act.
Finally, the House must take advantage of this opportunity to rein in the CFPB utilizing the Congressional Review Act's power to overturn harmful regulations on the indirect auto lending industry. Not only will this resolution of disapproval end a detrimental piece of guidance, but it will also send a strong message to regulatory agencies that they cannot overstep their statutory boundaries and will not get away with attempting to cloak major regulatory actions merely as guidance documents.
I urge support of the rule and the underlying legislation.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.