Virginia Foxx

Ms. FOXX

Ms. FOXX. Mr. Speaker, I rise to recognize the Kernersville Chamber of Commerce on celebrating its 50th anniversary this week. This organization is a steadfast pillar of the strong business community in Kernersville, North Carolina. The Teacher Grant Program is among the chamber's many significant contributions to local education and investments in future business leaders. Each year, teachers submit proposals for creative ``hands on'' lessons, and with moneys raised over the summer, the chamber awards at least one $500 grant to each school. The chamber also supports current community and business leaders through its Leadership Kernersville Program, which has prepared 200 participants for leadership roles and involvement within the community, the region, and the State since 1993. The Kernersville Chamber of Commerce has been an incredible asset to the community and will continue to be so for many years to come.

Ms. FOXX

Ms. FOXX. Mr. Speaker, I thank Mr. Thompson for yielding me time. Mr. Speaker, today has been a long time coming, so I will be brief. The legislation we are here to send to the President's desk is a true difference maker. Every one of us knows someone God has blessed with skills, talents, and ideas that do not fit the mold of traditional postsecondary education. Because of that, they may not believe they have much to offer or much to gain by joining the workforce without the ``right'' degree or diploma. But there really isn't a right degree or diploma. By updating and strengthening the career and technical education law, which H.R. 2353 does, we are making significant progress in changing those misguided perceptions and giving workforce development the recognition and credit it deserves. We have more than 6 million unfilled jobs in this country, due in large part to the skills gap. The skills gap is partly the result of an outdated approach to workforce development. H.R. 2353 supports innovative learning opportunities and strong community partnerships, addressing the problem of vacant jobs and workforce development needs where they exist: at the local level. I want to recognize the bipartisan effort that has gotten us here today. Congressman Glenn Thompson and Congressman Raja Krishnamoorthi, along with a great staff, delivered a great bill for us to work on at the Education and the Workforce Committee. Since we marked it up, reported it, and the House passed the bill last year, I have been pleased and I have been proud to work with Ranking Member Bobby Scott in urging Senate consideration of this legislation. I thank House leaders for bringing this bill back to the floor as soon as we could after the Senate passed it on Monday night. On behalf of every member and staff person of the Education and the Workforce Committee, I am grateful this bill is before the House today, and I am proud of all of their hard work. Mr. Speaker, I urge Members to support this legislation.

Ms. FOXX

Ms. FOXX. Mr. Speaker, I rise in support of H.R. 184, the Protect Medical Innovation Act. Many medical device manufacturers in North Carolina's Fifth District have reported how the medical device excise tax hinders medical innovation, costs jobs, decreases research and development, and slows capital expansion. A fundamentally flawed policy enacted under ObamaCare, the medical device excise tax was intended to spare taxpayers healthcare costs. Instead, it burdens those taxpayers, and innovators are the backbone of our economy. According to the Tax Foundation, the medical device tax cost approximately 21,800 jobs from 2013 to 2015. Furthermore, the tax is hidden from consumers at purchase and passed off to them in higher prices. Congress has suspended this tax twice before, and as an original cosponsor of this legislation, I urge my colleagues to vote for its permanent repeal with the Protect Medical Innovation Act this week.

Ms. FOXX

Ms. FOXX. Mr. Speaker, I thank Congresswoman Walters, and I appreciate her leading this Special Order tonight to bring to the attention of the American people the fact that they are better off now than they were 2 years ago. This is an important message for us to share with the American people. Many of us are doing it individually, but we appreciate the gentlewoman's leadership on this. Mr. Speaker, 2 years ago, House Republicans promised to replace our broken Tax Code and rein in the runaway administrative state that stifled our economy and made it harder for businesses to create jobs and grow. We proposed a better way to grow the economy with solutions for hardworking Americans who were being chewed up by our system and struggling to get by. This Congress, we have delivered on our promises, and I am pleased to say that North Carolinians are better off now. We passed the most significant tax reform in over 30 years, and everyday Americans are already reaping the benefits. According to the Tax Foundation, the average increase in take-home pay for a family of four in the Fifth District is $1,843. I would like to say that again, Mr. Speaker: $1,843. Those are hard-earned wages being kept in paychecks and not sent to Washington to finance inefficient government bureaucracy. Speaking of bureaucracy, Mr. Speaker, this Congress has also enacted historic regulatory relief, with 16 Congressional Review Act resolutions becoming law. Five of those resolutions came out of the House Committee on Education and the Workforce, which I chair, and I was able to get a sixth enacted that I sponsored that came through another committee. We have rolled back some of the most burdensome Obama-era regulations concocted by Washington bureaucrats who thought they knew better than American farmers and business owners. But Republicans did not agree with them. North Carolina's economy is evidence that Republicans' policies are working for the American people. Just compare the North Carolina Department of Commerce's figures from June of last year to this year and you will see that our State now stands 100,000 jobs ahead. There is still work to be done, but thanks to tax and regulatory relief, North Carolinians are better off now. Again, I want to thank Congresswoman Mimi Walters for leading this Special Order tonight, Mr. Speaker.

Ms. FOXX

Ms. FOXX. Mr. Speaker, our Nation's national parks are a cherished part of our country's legacy, and it is critical that they be preserved for generations to come. Unfortunately, the National Park Service is facing an insurmountable backlog of deferred maintenance that is growing more urgent as decades- old agency structures reach the end of their anticipated lifespans. This is impacting some of our most beloved parks. The Blue Ridge Parkway in North Carolina and Virginia is the country's second most visited National Park, supporting approximately 15,600 jobs and is a huge economic asset to nearby rural communities. Deferred maintenance has resulted in the unfortunate deterioration of its amenities and accessibility. The National Park Service Legacy Act would establish a National Park Service Legacy Restoration Fund directly aimed at addressing the agency's backlog and fixing the issues facing the Blue Ridge Parkway. As a proud cosponsor of this innovative legislation, I encourage its vote and final passage in the House this Congress.

Ms. FOXX

Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 50.

Ms. FOXX. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, in 1995, Congress passed the Unfunded Mandates Reform Act, or UMRA, to prevent the imposition of burdensome and costly Federal unfunded mandates. Over the course of this Congress, the Oversight and Government Reform Committee has developed a record that clearly shows UMRA has fallen short of its original goals. Last year, the committee sought input on UMRA and received several hundred responses from Governors, State legislators, and county officials regarding the impact of Federal laws and regulations. Too often, State and local governments are confronted with the rotten choice of raising taxes on their residents or cutting services residents depend on in order to comply with Federal mandates. Unfunded federal mandates strain State and local budgets, and subvert the principles of American federalism. Federal agencies treat States as servants to their regulatory whims, rather than as partners to consult before imposing new, burdensome mandates. In an April 2017 hearing, a Kentucky county executive testified that Federal agencies treat their responsibilities under UMRA as an exercise to ``check a box,'' rather than an opportunity to engage in a meaningful intergovernmental partnership. H.R. 50, the Unfunded Mandates Information and Transparency Act, is designed to solve these problems. It will improve the quality of regulatory and legislative analysis and close the current loophole which allows an agency to bypass UMRA analysis by not issuing a notice of proposed rulemaking. According to the nonpartisan Government Accountability Office, 35 percent of major rules are issued without a notice of proposed rulemaking. That means more than one-third of the regulations with the greatest impact on the economy are excluded from UMRA's cost-benefit and other analyses. H.R. 50 also expands the definition of direct costs to ensure economic analysis considers foregone profits, costs passed on to consumers, and behavioral changes. Requiring Federal regulatory agencies and the Congressional Budget Office to include all anticipated costs in cost estimates will help ensure that analyses are complete and provide an accurate description of the full effects of regulations and legislation. H.R. 50 enhances transparency, accountability, and communication between the Federal Government and State, local, Tribal, or private sector partners. It requires Federal agencies to engage in a more thorough regulatory process by codifying key provisions of President Clinton's Executive Order 12866. These principles were reaffirmed by President Obama in Executive Order 13563 and are consistent with President Trump's executive orders on regulatory reform. Under UMRA, agencies are required to consult with State, local, and Tribal governments when developing significant regulatory mandates. H.R. 50 extends this requirement to the private sector, which is similarly burdened by unfunded Federal regulatory mandates. The bill also requires independent agencies like the Consumer Product Safety Commission, the National Labor Relations Board, and the Federal Communications Commission to comply with UMRA. Finally, H.R. 50 extends judicial review to help ensure agencies carefully consider the least costly and least burdensome regulatory alternative, giving courts the authority to stay regulations for noncompliance with UMRA. These changes are critical to achieving what Congress set out to do when UMRA was passed in 1995. Requiring greater transparency and improving analysis prior to imposing Federal mandates is not a partisan goal. State and local governments headed by Republicans and Democrats alike are affected by unfunded Federal mandates. Businesses throughout the country have invested time and resources to comply with Federal mandates. With such a sweeping impact, any decision to impose a Federal mandate should, at a minimum, be transparent and based on the most comprehensive and accurate information available. It is for this reason that our bill is supported by a vast coalition of nonpartisan, nonprofit organizations made up of United States State and local government officials. Mr. Chairman, I include in the Record letters from these coalitions, which includes the United States Conference of Mayors, the National League of Cities, the International City/County Management Association, the National Association of Counties, the Council of State Governments, the National Conference of State Legislatures, and the National Governors Association.

Ms. FOXX. Mr. Chairman, H.R. 50 ensures the commonsense goals Congress intended when enacting UMRA in 1995 are in fact realized and improved upon. I thank the bipartisan group of Members who cosponsored and support this bill. Mr. Chairman, I encourage all Members to support H.R. 50, and I reserve the balance of my time. House of Representatives, Committee on Oversight and Government Reform, Washington, DC, June 25, 2018. Hon. Steve Womack, Chairman, Committee on the Budget, House of Representatives, Washington, DC. Dear Mr. Chairman: On March 15, 2018, the Committee on Oversight and Government Reform ordered reported H.R. 50, the Unfunded Mandates Information and Transparency Act of 2017, with an amendment, by recorded vote. The bill was referred primarily to the Committee on Oversight and Government Reform, with additional referrals to the Committees on Budget, Rules, and the Judiciary. I ask you allow the Committee on the Budget to be discharged from further consideration of the bill to expedite floor consideration. This discharge in no way affects your jurisdiction over the subject matter of the bill, and it will not serve as precedent for future referrals. In addition, should a conference on the bill be necessary, I would support your request to have the Committee on the Budget represented on the conference committee. Finally, I would be pleased to include this letter and any response in the bill report filed by the Committee on Oversight and Government Reform, as well as in the Congressional Record during floor consideration, to memorialize our understanding. Thank you for your consideration of my request. Sincerely, Trey Gowdy.

Ms. FOXX. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, we have often heard that the most dangerous words or the most dangerous phrase in the English language is, ``We are from the Federal Government, and we are here to help.'' I agree with that. Everywhere I go in my district, I hear from people, It isn't the laws that we pass, it's the regulations that implement those laws that are the biggest problems. Unfortunately, many of our colleagues on the other side of the aisle believe that government bureaucrats are the smartest people in the world. In fact, they are smarter than the majority of the American people who make this country great. We absolutely do not want to do away with all rules and regulations. We want safe food. We want safe drinking water. We want all those things that help make this country great, but we want to bring some common sense and some transparency to the regulatory process. That is what H.R. 50 does. Mr. Chairman, I yield 2 minutes to the gentleman from Georgia (Mr. Allen).

Ms. FOXX. Mr. Chair, I yield myself such time as I may consume. Mr. Chairman, I would like to point out that independent agencies need oversight as much as any other agencies. They already submit regulatory products to the Office of Management and Budget and the Office of Information and Regulatory Affairs, OIRA, including information collection requests under the Paperwork Reduction Act. The Administrative Conference of the United States has recommended greater oversight of independent agencies for decades. The American Bar Association did the same in 1990 and reaffirmed the need in 2016 saying: ``We strongly urge you to bring the independent regulatory commissions within the requirements for cost-benefit analysis and retrospective review of rules currently reflected in Executive Order 12866 and Executive Order 13563.'' I want to point out that both of these executive orders were promulgated by Democrat Presidents. In 2011, Sally Katzen, OIRA Administrator under the Clinton administration, urged expanded oversight of independent agencies. She wrote: ``Our concern is that independent agencies are not typically engaged in the analysis that has come to be expected as a form of governmental best practices for regulatory agencies.'' This bill simply requires independent agencies to undertake the same cost-benefit analysis and reporting requirements as other regulatory agencies. There is no threat to their independence. Mr. Chairman, I yield 3 minutes to the gentleman from Texas (Mr. Cuellar).

Ms. FOXX. Mr. Chair, I yield the gentleman from Texas an additional 30 seconds.

Ms. FOXX. Mr. Chairman, I continue to reserve the balance of my time.

Ms. FOXX. Mr. Chairman, I reserve the balance of my time and allow the gentleman from Virginia to close.

Ms. FOXX. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, we have heard time and again of the burdens the Federal Government imposes on State, local, and Tribal governments. We have also heard from businesses throughout the country, both large and small, that have to forego investments in employees and infrastructure in order to comply with these mandates. Congress passed the Unfunded Mandates Reform Act in 1995 to require the Federal Government to think twice before imposing unfunded mandates. And let me say, that bill passed, I believe, with unanimous support from both the House and the Senate. If not unanimous, it was overwhelming, over 400 votes in the House and, I believe, 98 votes in the Senate. Of course, in the 23 years since passage, the bureaucrats in the Federal Government have found ways around many of those requirements. As I pointed out in my opening remarks, the GAO has reported that 35 percent, more than one-third of major rules, are issued without a notice of proposed rulemaking so that the public has no idea what is coming out in the rulemaking in advance. It is time to make sure UMRA works as Congress intended. Again, I am fascinated sometimes by my colleagues on the other side of the aisle who don't want to take responsibility for our actions and want to give over the running of the entire government to the executive branch. It makes absolutely no sense to me. I am not sure why some run for office if they don't want to take on their responsibilities. Legislative and regulatory decisions should be made in consideration of all of the available information, not just part of it. The government should consider every option before imposing unnecessary burdens on the States, localities, and even private enterprise. H.R. 50 closes UMRA's loopholes and enhances transparency, accountability, and communication between the Federal Government and State, local, Tribal, and private sector partners. We do not do away with all rulemaking. We do not want to make food, water, housing, all those things that are regulated for the good of the American people, we don't want to do away with those. We simply want to have more transparency and understand the cost of the regulations. H.R. 50 codifies bipartisan regulatory principles, enhances required analysis, adds independent agencies to the cost-benefit analysis requirements, extends judicial review to hold agencies accountable, and improves stakeholder consultation. I urge adoption of the bill, and I yield back the balance of my time.

Ms. FOXX. Mr. Chairman, I claim the time in opposition to the gentlewoman's amendment.

Ms. FOXX. Mr. Chairman, this amendment would strike a key provision of H.R. 50, requiring independent agencies to comply with UMRA. The purpose of H.R. 50 is to require comprehensive analysis before agencies impose unfunded mandates on State, local, or Tribal governments and the private sector. Regulations must be fully analyzed and imposed only after impacted parties have been consulted. That should be the case whether the regulations come from a Cabinet department or an independent agency. From fiscal year 1997 to fiscal year 2016, independent agencies issued 275 major rules. Those rules imposed significant costs on our economy and often included mandates on State, local, and Tribal governments and the private sector, just the same as rules that came from non-independent agencies. Because independent agencies are excluded from UMRA, excluded from regulatory process requirements in Executive Order No. 12866, and excluded from review by the Office of Information and Regulatory Affairs, few independent agencies conduct cost-benefit analyses. In FY 2016, independent agencies issued 18 major regulations, but only a third of those rules included monetized cost analysis and not one rule included any analysis of monetized benefits. The cost-benefit analyses required by UMRA are essential for a transparent and accountable regulatory system, and eliminating section 5 would be inconsistent with the intent of H.R. 50. This bill seeks to close loopholes, not preserve them. Mr. Chairman, I urge Members to oppose this amendment, and I reserve the balance of my time.

Ms. FOXX. Mr. Chairman, the real goal of this bill is to require transparency on the part of independent agencies and not to have a nefarious impact on those independent agencies. Mr. Chairman, I urge a ``no'' vote on this amendment, and I yield back the balance of my time.

Ms. FOXX. Mr. Chairman, I ask unanimous consent to claim the time in opposition to this amendment, although I am not opposed to it.

Ms. FOXX. Mr. Chairman, I am pleased to support this amendment. This amendment requires a record of any consultation with a non- Federal party and requires agencies to post any comments submitted by a non-Federal party to their website within 5 days. Transparency is a bipartisan priority and is a key feature of many regulatory process requirements. For instance, the Administrative Procedures Act generally requires Federal agencies to publish their proposed rules in the Federal Register for all to see and to give the public an opportunity to comment. Rulemaking dockets and public comments are increasingly available for public inspection online. Groups, such as the Administrative Conference of the United States, have recommended that records of consultations and ex parte communications be disclosed and made a part of the rulemaking docket. H.R. 50 seeks to introduce greater transparency in the regulatory process, and this amendment is consistent with that split. I thank the gentleman from Maryland for offering the amendment and for working with me to expand its application and increase transparency. Mr. Chairman, I urge Members to support this amendment, and I yield back the balance of my time.

Ms. FOXX. Mr. Chairman, I claim the time in opposition to the gentleman's amendment.

Ms. FOXX. Mr. Chairman, this amendment would repeal H.R. 50 if GDP remains below 5 percent over the first four quarters after enactment. H.R. 50 is not intended to raise the GDP. It is intended to ensure the Federal Government does not impose costs on State, local, and Tribal governments and the private sector without consulting those entities that are impacted by the regulation. The GDP does not reflect how a given regulatory mandate affects a particular government or private sector industry. However, this amendment would tie the GDP to the future of the entire bill. H.R. 50 gives the private sector an opportunity to give Federal agencies information about how to craft reasonable and effective regulation. After all, State, local, and Tribal governments and private sector entities are often in the best position to anticipate how a proposed regulation will affect their operations. H.R. 50 will help to ensure regulations that impose unfunded mandates are adequately analyzed in order to make these mandates the most effective and least burdensome they can be. I urge Members to oppose this amendment, and I yield back the balance of my time.

Ms. FOXX. Mr. Speaker, I rise in opposition to the motion to recommit.

Ms. FOXX. Mr. Speaker, we, on our side of the aisle, join our colleague in stating our absolute abhorrence to domestic violence and sexual assault in this country. None of us want to see any incidents of sexual assault, domestic violence, or assault on children, obviously. What we are concerned about, and what this bill can help do, is to help our local police and law enforcement have better opportunities to help to fight these terrible, terrible situations. I thank our colleague for her leadership in working with us on this side of the aisle and with all of us who have had a bipartisan effort on sex trafficking and sexual assault. But, Mr. Speaker, I oppose the motion to recommit. We have been analyzing, debating, and voting on this bill to update the unfunded mandates reform for years. When UMRA was enacted 23 years ago, it was an important step to analyze the burdens of Federal legislation and regulations on State and local governments. But now it needs an update. H.R. 50 would close loopholes in UMRA, enhance transparency and accountability, and increase communication with State and local governments. Mr. Speaker, if the State and local governments didn't have to spend so much money on unnecessary things, perhaps they would be able to do more on the issues my colleague brought up. Mr. Speaker, this is a bipartisan bill with a bipartisan amendment from the committee and a bipartisan amendment from the floor. Let's not let a bipartisan motion stop a fix to decades-old problems in all our districts, unfunded mandates. H.R. 50 is good for State and local governments, the Federal Government, businesses, and, most importantly, it is good for the public. I urge my colleagues to oppose the motion to recommit. I support the underlying bill, and I yield back the balance of my time

Ms. FOXX

Ms. FOXX. Mr. Speaker, I rise to recognize Betty Walker of Roaring Gap, North Carolina. This remarkable and talented woman has been the coordinator for the Alleghany Memorial Hospital Thrift Shop for 15 years. Betty began volunteering at the Thrift Shop in 2000 and became coordinator in 2003. During her time as coordinator, Betty has expanded and renovated the Thrift Shop in addition to managing its volunteers. The Alleghany Memorial Hospital Thrift Shop opened in 1991 and has raised nearly $1 million for Alleghany Memorial Hospital. Those funds are extremely important in this small county. In 2011, Betty and the shop's volunteers received the Governor's Award for Volunteer Service, which recognizes the top 20 volunteers in North Carolina. Betty Walker is an extremely dedicated volunteer, a role model for us all, and a pillar in her community. Alleghany County is fortunate to call this hardworking citizen one of its own.

Ms. FOXX

Ms. FOXX. Mr. Speaker, I rise to congratulate the Alleghany Lady Trojans softball team on winning North Carolina's A1 State championship. These young women deserve the championship for their hard work and talent, but they are also champions of humility, giving gratitude to God, their parents, coaches, and the community fan base that supported them throughout their season. Alleghany has a unique softball history, last winning State in 1996 as three-peat champions. Six of this year's team are related to past champions, which shows the passion and drive passed down from generation to generation. Even Coach Weaver is a former State MVP, striving to instill in her team the determination and confidence that she developed as a high school athlete. Congratulations to the Lady Trojans and the community that shares in this victory. It is an honor and a blessing to represent such a great community.