Mr. Chairman, I don't know if I can live up to those words, but I certainly appreciate them. I was the ranking member on this committee, and I was chair at one point. We have had this bill over the years. It is indeed a monkey wrench or a…
Mr. Chairman, I don't know if I can live up to those words, but I certainly appreciate them.
I was the ranking member on this committee, and I was chair at one point. We have had this bill over the years. It is indeed a monkey wrench or a monkey in the wrench, as John McCain might have said. It will mess up the entire system that we have of Congress passing laws, delegating, giving the executive the ability to enact them in ways that make them functional and appropriate and come up with the details that the Congress does not have enough expertise to do.
The other side refers constantly to people that prepare these rules-- which take many, many years and have much, much input--as bureaucrats, as if it is some type of pejorative. Bureaucrats are government employees who have expertise in certain areas and who study an area and become so much more expert than we are on the subject that they can come up with fine-tuned laws that are checked and balanced to make sure that the laws are implemented in the way that Congress intends. If Congress doesn't like it, Congress can pass a bill by both House and Senate to repeal it. We have already got that possibility.
Under this unique approach, either one of the houses of Congress can stop a regulation, a rule from going into effect because both Houses would have to approve a rule and the President would have to sign it before it could go into effect. That gives one House the ability to veto, basically, an executive action.
It is the executive in our system that has the power to veto acts of the legislature and not vice versa. We can pass laws in a bicameral spirit, which is what our Constitution has, when the House and the Senate agree. But neither House, independently, is given any power to veto laws or legislation. This would break that and, I believe, be unconstitutional. That is why I oppose H.R. 26, the Regulations from the Executive in Need of Scrutiny Act of 2017.
Indeed, the Executive in Need of Scrutiny Act is most appropriate this year as we start, because in 2017, 2018, 2019, and 2020, we are, indeed, going to have an executive in need of scrutiny. So I thank the Republicans for naming this bill appropriately because we are, indeed, in the times of an Executive in need of scrutiny.
We need scrutiny over income tax returns that have been hidden from the public that might disclose conflicts of interest or loans from characters that might be considered oligarchs and have some type of an influence over our foreign policy and our domestic.
We need an Executive in Need of Scrutiny Act that deals with these conflicts, with income taxes that haven't been released, with businesses in the District where people could go to hotels and curry favor with the Executive.
Indeed, we do have an Executive in Need of Scrutiny Act, so I appreciate the well-named bill that the Republicans have brought us and the awareness that, through this bill, they have seen that we need some concern about the Executive coming because he certainly needs scrutiny.
This bill, though, is the worst of corporate special interest because it will give corporate special interests the opportunity to override rules that take effect unless both Houses pass them. It is difficult enough for this House and the Senate to get legislation passed in the days that we often give to legislation, but to have both Houses have to agree, in which case if you can't, it is, in essence, a pocket veto, and it doesn't even have to be scheduled for a
vote because the House would have to positively pass and the Senate positively pass. So if the Speaker doesn't want to do it, the Speaker can pocket veto the regulation. It doesn't even have to be scheduled.
This is not draining the swamp. It will heighten the influence of corporate lobbyists in Congress where they can come to the Speaker and ask that agency rules they don't like that might protect the lives of children because they are regulations dealing with toys that seem to possibly be defective, or automobiles where they need safety devices, or other consumer protections that interfere with business interests-- business is good and important, but sometimes businesses do things that are injurious to the public.
To give this opportunity to stop rules and regulations from going into effect that protect the public is wrong. It was suggested maybe it will help the economy, but at what cost? What is one life worth--or several lives--if lives are lost because safety regulations are not approved by this House and the Senate, or one or the other, and then don't go into effect? As I mentioned, this is seriously constitutionally defective.
Mr. Chairman, the ranking member mentioned Justice Scalia. I will mention Chief Justice John Roberts who criticized nearly identical legislation in the 1980s when he was a White House lawyer because it would ``hobble agency rulemaking by requiring affirmative congressional assent to all major rules'' such that it would ``seem to impose excessive burdens on regulatory agencies.'' That was John Roberts.
Some of the underlying facts given were about the economy. No matter what you say, President Obama has been effective on the economy. We saved the housing market. We saved this country from the Great Recession. We brought about recovery. That is not something we should disparage but we should praise. The stock market has gone up to record highs. Unemployment is down. Jobs are up. The automobile industry has been saved.
I ask Members to reject this bill because it is unconstitutional. It will cost lives of American citizens because safety regulations won't be passed.