Providing for Consideration of H.R. Whole Milk for Healthy Kids Act of Providing for Consideration of H.R. Ensuring Accountability in Agency Rulemaking Act; and for Other Purposes

Floor Speech

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Mrs. FISCHBACH. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 922 and ask for its immediate consideration.

The Clerk read the resolution, as follows: H. Res. 922

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1147) to amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. The amendment in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except one motion to recommit.

Sec. 2. Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 357) to require the head of an agency to issue and sign any rule issued by that agency, and for other purposes. All points of order against consideration of the bill are waived. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees; and (2) one motion to recommit.

Sec. 3. Notwithstanding section 3(z) of House Resolution 5, on any legislative day of the second session of the One Hundred Eighteenth Congress before January 9, 2024-- (a) the Speaker may dispense with organizational and legislative business; and (b) the Journal of the proceedings of the previous day shall be considered as approved if applicable.

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Mrs. FISCHBACH. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from Pennsylvania (Ms. Scanlon), 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
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Mrs. FISCHBACH. Mr. Speaker, we are here today to debate the rule providing for consideration of H.R. 357 and H.R. 1147. It provides a structured rule for H.R. 1147 and makes in order bipartisan and Republican amendments, provides 1 hour of debate equally divided and controlled by the Committee on Education and the Workforce, and provides one motion to recommit. The rule further provides for consideration of H.R. 357 under a closed rule, with 1 hour of debate equally divided and controlled by the Committee on the Judiciary and one motion to recommit.

Under our Constitution, those who make the laws are accountable to those who elect them. Career Federal employees are not beholden to the voters of this Nation, and yet unelected bureaucrats across the Federal agencies--in one case in particular, a single low-level career employee--have been making thousands of rules that impact this country's voters and taxpayers.

According to a recent Pacific Legal Foundation study, career employees and unconfirmed officials issued over 70 percent of the rules at the Department of Health and Human Services between 2001 and 2017. These rules have economic impacts on the people of this country, just as the laws we pass in this Chamber do, yet we are accountable to the voters who elect us. Federal employees are accountable to no one.

Former President Trump addressed this issue with an executive order that required agencies' informal notice-and-comment rules to be initiated and signed by senior appointees, with exceptions. The Biden administration has revoked that. As a result of revoking this order, in 2021, Congress passed just 143 laws while Federal agencies issued 3,257 rules, costing taxpayers $1.927 trillion, or the equivalent of $14,684 per household.

According to the study, only 2 percent of the Food and Drug Administration's rules were issued by principal officers, and 25 of these rules had an impact on the American economy of at least $100 million or had other substantial economic impacts. That means unelected bureaucrats, who are not accountable to the taxpayers, are costing those taxpayers thousands upon thousands of dollars.

This majority has made a commitment to ensuring our Federal Government is held accountable. The Ensuring Accountability in Agency Rulemaking Act would lessen the power of career civil servants who are not accountable to the taxpayer. It would require, with exceptions, that rules be issued and signed by presidentially nominated and Senate- confirmed appointees. This upholds the Constitution by putting decisions in the hands of those who are held accountable to the American people. It improves the ways this government is by the people and for the people.

We are also here to discuss the Whole Milk for Healthy Kids Act. Mr. Speaker, coming from one of the top dairy producing districts in the country, I am proud to stand here in support of this legislation. The bill expands milk options for the school lunch programs under the Richard B. Russell National School Lunch Act to include flavored, unflavored, whole, and reduced-fat milks.

Whole milk has been demonized as unhealthy, but it is full of the calcium, potassium, vitamin D, and protein that growing kids need. Since the misguided Obama-era regulations were put in place that the Biden administration has chosen to continue, rather than seeing health improve, we have continued to see child health decline. We also have fewer people participating in the school lunch programs. Like many of the regulations that took place at the time, the milk restrictions are not having their intended effect.

Meanwhile, dairy farmers in my district are struggling. Milk prices and demand remain stubbornly low, in most cases below the margin of your average dairy farm. For what purpose? Because the Federal Government places arbitrary restrictions on the meals our children can enjoy?

This bill is a win-win for children and producers alike. It gets kids the nutrients they need while giving schools more flexibility to meet the needs of their students, and it provides a larger market for dairy farmers to sell their delicious product they stand proudly behind.

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Mrs. FISCHBACH. Mr. Speaker, I want to comment that rules and rulemaking is one of the things that I hear from my constituents. It is one of the most important things that they talk about and call me about when they have concerns.

I think H.R. 357 simply makes the process accountable the way it should be. We should not have bureaucrats making rules from D.C. for farms in Minnesota or for a variety of streams and waterways in Minnesota when they are not there seeing it.

I think this is an important part of the government being responsive and accountable to the American people. I find it very important that we need to get the rulemaking under control.

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Mrs. FISCHBACH. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.

I do just want to comment that I was in my district this weekend, and I heard a lot about out-of-control rulemaking at the Federal level by the government in general.

Do you know what, Mr. Speaker?

I did hear about whole milk, so I do think the issues we are dealing with are of concern to the American people.

Moreover, I am proud of my colleagues for following through on their commitments to the American people. The Whole Milk for Healthy Kids Act directly responds to constituents who want to expand the options for healthy drinks in our school. Expanding the Richard B. Russell National School Lunch Act to include flavored, unflavored, whole, and reduced fat milk options decreases the control Washington has over the day-to- day choices Americans make and increases the chance that a kid will reach for a milk over a soda.

The Ensuring Accountability in Agency Rulemaking Act holds the government accountable by requiring rules made in Federal agencies to be issued and signed by presidentially nominated and Senate-confirmed appointees, ensuring the rules made in Federal agencies are beholden to taxpayers' priorities.

Mr. Speaker, I support the rule and the underlying legislation.

The material previously referred to by Ms. Scanlon is as follows: An Amendment to H. Res. 922 Offered by Ms. Scanlon of Pennsylvania

At the end of the resolution, add the following:

Sec. 4. Immediately upon adoption of this resolution, the House shall proceed to consideration of the bill (H.R. 715) to require a background check for every firearm sale. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees; and (2) one motion to recommit.

Sec. 5. Clause 1(c) of rule XIX shall not apply to the consideration of H.R. 715.
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