Mr. Chairman, I thank the distinguished chairman and the distinguished ranking member for convening us. It reenforces my commitment to the importance of the House Judiciary Committee for important, innovative, and groundbreaking, in some…
Mr. Chairman, I thank the distinguished chairman and the distinguished ranking member for convening us. It reenforces my commitment to the importance of the House Judiciary Committee for important, innovative, and groundbreaking, in some instances, work that we have done.
In this instance, I find fault because this legislation does not meet that criteria. Just a few days ago, we read the
Constitution, and some might make the argument that H.R. 5 fits very comfortably into the Bill of Rights, Amendment V and Amendment XIV. Both frame themselves around the question of due process. I make the argument that this legislation is sorely lacking.
I want to take up, first of all, a point made by my colleague, a member of the Rules Committee. This legislation, to my recalling, has been circulated for many years. It seems that I have been in the House when a bill like H.R. 5 has passed over and over again.
This bill appeared in the 114th Congress. Many Members left since that time. New Members are here. New Members, Republicans and Democrats, will be added to the House Judiciary Committee and to the Senate Judiciary Committee. None of them will have had the opportunity for regular order, to be able to ensure hearings and to be able to engage in input with amendments that I would agree or disagree with, but to have a vigorous debate in our Judiciary Committee as well as in the Senate. It did not happen. We are now on the floor of the House. So that is one fracture of what we are doing, one Achilles' heel to this legislation.
In the last 24 hours, I heard a news account of a little boy who swallowed magnets that were produced by a particular company. It went through the process. It was designated dangerous; and then, unfortunately, that dangerous status was pulled back, and the company is excited about producing those magnets again.
The little boy who swallowed the magnets, I think, was about 2 years old. A happy little boy, of course, that is how children are. He had major intestinal surgery, and most of his intestines were removed. He is now 6 years old, and he must now be fed intravenously.
His devastation is our failure. That is what we are facing with H.R. 5.
I don't know if my colleagues agree, as boring as the Administrative Procedure Act was in law school, I liked the course. I had a great professor who made me understand the life of the APA and its value. This legislation attempts to rewrite the Administrative Procedure Act to the detriment of the American people.
Consider this, hardworking agencies should have oversight; that is what our committees are all about. They should have oversight. They will now have to jump through hoops of 70 new criteria. I didn't say 10; I didn't say a quarter of 100, 25; I didn't say a half of 100, 50; but 70 when issuing rules, including alternatives to any rule proposal, the scope of the problems the rule meant to address, and potential cost and benefits of the proposal and alternative.
I want to see small businesses thrive. Part of that includes a reasonable healthcare package like ObamaCare, the Affordable Care Act, for its employees, a reasonable new structure dealing with taxation that helps small businesses and does not give a mountain of benefit to major corporations.
Maybe we should address the needs of small businesses in that manner, or, as my minority constituents tell me, access to credit which is generally denied to women, Hispanics, in some instances, and certainly African Americans. That may help our small businesses get them back on their feet. But that is not what H.R. 5 does. It stifles the work of our agencies of which we have attributed to them, the Small Business Administration, Health and Human Services, the Federal Trade Commission, the FCC, and, in some instances, the Department of Justice articulating regulations dealing with funding of juvenile issues.
I thank the gentleman.
These are agencies that are depended upon to give regular order. Oversight is important, but I would make the argument that stifling, denying, demolishing, or destroying is not order.
Now, I had an amendment that I think is crucial. It is to provide an exception under this bill for regulations that help prevent cyber attacks on election processes or institutions. Mr. Chairman, not only have we found with much profoundness that a foreign entity, in this instance Russia, maybe it might be Iran, maybe it might be some other country, intruded into the democratic process of elections. I am glad Senator Graham said this is not Republicans or Democrats. This is about the integrity of the election system. And why we were hesitant to make this amendment in order, because there is no stopping of the peaceful transfer of government. The American people see to that process. Thank God for our love of democracy. We are able to express our opposition in many different ways.
But there is no doubt there was not only intrusion, there was skewing from one candidate versus another. There are prints--this is public knowledge--that have been able to be tracked to suggest who, what, and what country, and how far up the chain to Mr. Putin that it went to.
So my amendment, I think, was constructive. Why would we be reluctant to debate it? Why would we be reluctant to acknowledge the intelligence report assessing Russian activities and intentions in the recent U.S. elections? And why would we be reluctant to find out who was involved?
H.R. 5 is not doing what it is supposed to do. It is, in fact, undermining the Constitution and eliminating the protections for a little boy who now lives his life completely different because maybe we didn't intervene in the regulatory manner of oversight over that product that we should have, and maybe now we have given them a pass so that other children might suffer the same consequences. I ask my colleagues to vote against the underlying bill and send it back for us to do the work of the people in regular order.
Mr. Chair, I rise in strong opposition to H.R. 5, the ``Regulatory Accountability Act of 2017,'' which is a radical measure that could make it impossible to promulgate safety regulations to protect the public.
I oppose this legislation because it would effectively shut down the entire U.S. regulatory system, amending in one fell swoop every bedrock existing regulatory statute.
My opposition to H.R. 5 is amplified by the Rules Committee's decision to decline to make in order the Jackson Lee Amendment, ``to provide an exception for regulations that help prevent cyberattacks on election processes or institutions.''
Apparently, House Republicans are still reluctant to debate the subject--undisputed by our Intelligence community--of Russian cyberattacks on American cyber networks and infrastructure.
Key Judgments in the Intelligence Community Assessment's declassified version of a highly classified report entitled, ``Assessing Russian Activities and Intentions in Recent U.S. Elections,'' have confirmed that 2016 witnessed the first American presidential election that was the subject of cyberattacks.
These and other subversive activities have been confirmed to have been perpetrated by entities allied with the Government of Russia and were undertaken for the express purpose of influencing the presidential contest to secure the election of its preferred candidate, Donald Trump, who made history by becoming the first presidential candidate to invite a hostile foreign power to launch cyberattacks against his political opponent.
All three agencies, CIA, FBI and NSA, agree with this judgment.
The so-called Regulatory Accountability Act (RAA), in addition if to this rule, demonstrates the deceptive design of the majority to make it harder to establish regulations to protect the public by tilting the entire regulatory system significantly toward special interests.
The bill allows Federal courts without expertise on technical issues to substitute their judgment for those of the expert federal agencies.
These agencies are staffed with career subject matter experts that are deeply knowledgeable of the background, context, and history of agency actions and policy rationale.
For this reason, courts have long deferred to agency experts who are in the best position to carry out the statutes.
The RAA would end this well-established practice and allow far less experienced judges to second guess expert opinion--essentially sanctioning judicial activism.
The Jackson Lee Amendment, however, would have attuned this dangerous legislation to provide an exception for regulation upon which Americans so greatly rely on their government to help prevent cyberattacks on our highly coveted and esteemed election processes and institutions.
The bill promoted by the majority, calling for accountability from our Administrative Agencies--fails to answer in accountability to the threat posed by foreign and domestic invaders on our national cyber networks.
As the new Congress commences in the People's House, obstructionist Republicans are circumventing the very procedures by which elected officials answer the cries of outrage and dismay of desperately concerned constituents.
To the obstructionist majority perpetuating this restrictive rule, let me stand firm in the American convictions laid bare by the Jackson Lee Amendment--the system of Checks and Balances established by the Separation of Powers clause of the Constitution will not be thwarted.
The spirit of the H.R. 5 is clearly designed to stop all regulation dead in its tracks--no matter the threat to cyber networks, national security, economy, or the very health and safety of the American people.
We know that Russia's cyber activities were intended to influence the election, erode faith in U.S. democratic institutions, sow doubt about the integrity of our electoral process, and undermine confidence in the institutions of the U.S. government. These actions are unacceptable and will not be tolerated.
The mission of the Intelligence Community is to seek to reduce the uncertainty surrounding foreign activities, capabilities, or leaders' intentions.
On these issues of great importance to U.S. national security, the goal of intelligence analysis is to provide assessments to decision makers that are intellectually rigorous, objective, timely, and useful, and that adhere to tradecraft standards.
Applying these standards helps ensure that the Intelligence Community provides U.S. policymakers, warfighters, and operators with the best and most accurate insight, warning, and context, as well as potential opportunities to advance U.S. national security.
This objective is difficult to achieve when seeking to understand complex issues on which foreign actors go to extraordinary lengths to hide or obfuscate their activities.
My amendment would have improved H.R. 5 by exempting only those regulations critical to making cyber networks invulnerable to attack from foreign and domestic agencies and individuals.
Specifically, the amendment that the Rules Committee disallowed for presentation on a vote here on the floor today would have provided the American people an exemption to allow for the prevention of tampering, alteration, or misappropriation of information by agents of foreign countries with the purpose or effect of interfering with or undermining election processes or institutions.
In particular, restrictions put forth in H.R. 5 could result in further delay to agencies attempting to take action to help network defenders better identify new tactics or techniques that a malicious actor might deploy or detect and disrupt an ongoing intrusion, in addition to protecting data that enables cybersecurity firms and other network defenders to identify certain malware that the Russian intelligence services use.
The Regulatory Accountability Act provides no accountability to the American public.
Instead, it allows polluting industries and special interests to game the system and escape accountability for any harm they inflict.
It makes it incredibly difficult, if not impossible, to secure new public protections and arms industry with numerous tools to avoid their legal obligations.
The increasing use of cyber-enabled means to undermine democratic processes at home and abroad, as exemplified by Russia's recent activities, has made clear that a tool explicitly targeting attempts to interfere with elections is also warranted.
We cannot afford to let global terroristic threats, in the form of cyber activities, erode faith in U.S. democratic institutions, sow doubt about the integrity of our electoral process, influence elections, or undermine confidence in the institutions of the U.S. government.
My amendment would have offered protections guarding the integrity of our cyber networks, while at the same time allowing the bill to achieve the proponents' major purposes.
For these reasons and more, I oppose this bill.
Mr. Chairman, I applaud Mr. Johnson, the ranking member of the subcommittee for his leadership on these issues, and the ranking member of the full committee, Mr. Conyers, for his persistent leadership, having gone over this bill any number of times. Let me mention that Mr. Johnson's amendment is vital because it deals with vulnerable workforce individuals, individuals with disabilities, limited English proficiency, and other requirements. And I would beg to differ with my good friend from Pennsylvania, 70 different elements of criteria that you will put these regulations through, you are simply trying to implode those who advocate for the rights of workers, unions, and others. Therefore, I would question the viability of trying to obstruct, helping these vulnerable workers. This is a very good amendment.
Let me be very clear. Since 2010, U.S. businesses have added 15.6 million jobs. From 2014 to 2015, real median household income grew by 5.2 percent. We know that, as Jason Furman, chairman of the Council of Economic Advisers notes, demographic changes in labor force participation, primarily driven by a large increase in retirement by baby boomers that began in 2008, has consistently weighed on employment growth. It is quite different from when President Reagan was in. The labor force participation rate is low because of these variables.
These regulations are not going to improve that participation. The Obama recovery has been slower because, under Reagan, we realized the baby boomers were in their prime. Now the baby boomers are retiring.
We need to provide opportunities for younger workers, minority workers, workers with disabilities; and this, H.R. 5, with all of these hoops that the regulation has to go through that are protecting or empowering workers or increasing the opportunities for workers is certainly going to thwart that growth.
You cannot deny that this administration has seen growth with 200,000-plus jobs per month over a series of
years. I would argue that Mr. Johnson's amendment is a strong amendment. It promotes job growth, and it gives opportunities to many who are vulnerable in the workforce.
I ask my colleagues to support the Johnson amendment.
Mr. Chair, my Republican colleagues have made several statements concerning economic activity that invite fact checks:
First, they argue that the labor force participation rate is historically low, but as we all know, the labor force participation is affected by both long term trends and short term policies. As Jason Furman, the Chairman of the Council of Economic Advisers, notes, ``demograpic changes in labor force participation--primarily driven by a large increase in retirement by baby boomers that began in 2008--have consistently weighed on employment growth.''
Second, they argue that the Obama recovery has been slower than the economic recovery under the Reagan Administration. But this argument is laughable. President Reagan's recovery benefited from the fact that many baby boomers were in the prime working years while President Obama's recovery has taken place in front of the backdrop of an aging U.S. population. More importantly, the economic lows of the Reagan Administration are not comparable to the mortgage-foreclosure crisis, which resulted in higher unemployment than any other period since the Great Depression.
Finally, despite many bald assertions, my Republican colleagues have not satisfactorily explained how H.R. 5 will create a single job or responded to President Obama's unimpeachable jobs record. In fact, despite, strong economic headwinds and years of Republican obstructionism during the majority of his presidency, the U.S. economy is 11.5 percent larger than its peak before the 2008 economic crisis as of the third quarter of 2016.
Since early 2010, U.S. businesses have added 15.6 million jobs.
From 2014 to 2015, real median household income grew by 5.2 percent, the fastest annual growth on record, and the United States saw its largest one-year drop in the poverty rate since the 1960s.
In closing, there is little evidence supporting my Republican colleagues' claims and if there is any doubt that the H.R. 5 will undermine workforce participation, my colleagues should support my amendment.
Will the gentleman yield?
I thank the gentleman for his kindness.
Would the gentleman not count automation and technology as one of the elements and, as well, the idea of the retiring of baby boomers as part of the issue of growth? And can we not work together to question those particular elements so that we can collectively and collaboratively promote job growth?
Mr. Chairman, I demand a recorded vote.