H.R. 994, Regulatory Sunset and Review Act of 1995 : hearings before the Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs of the Committee on Government Reform and Oversight, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 994, to require the periodic review and automatic termination of federal regulations, March 28 and May 2, 1995

United States. Congress. House. Committee On Government Reform And Oversight. Subcommittee On National Economic Growth Natural Resources And Regulatory Affairs

Sujets

• Administrative law
• United States
• Delegated legislation

Informations

• Publié par: les_archives_du_savoir
• Nombre de lectures: 13
• Langue: English
• Poids de l'ouvrage: 10 Mo

Extrait

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^ H.R. 994, REGUUTORY SUNSET AND REVIEW
ACT OF 1995
74/7: R 26/6Y 4. G
994. Regulatorg Sunset and Rev...H.R. oj-ivTr^O
BEFORE THE
SUBCOMMITTEE ON NATIONAL ECONOMIC GROWTH,
NATURAL RESOURCES, AND REGULATORY AFFAIRS
OF THE
COMMITTEE ON GOVERNMENT
REFORM AND OVERSIGHT
HOUSE OP REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
ON
H.R. 994
TO REQUIRE THE PERIODIC REVIEW AND AUTOMATIC TERMINATION
OF FEDERAL REGULATIONS
MARCH 28 AND MAY 2, 1995
Printed for the use of the Committee on Government Refilff^u^if^Qy^sight
U.S. GOVERNMENT PRINTING OFFICE /f-Jf /
35-747 CC WASHINGTON : 1997 -frv.-^'''
For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-054019-4V-N
^ H.R. REGUUTORY994, SUNSET AND REVIEW
ACT OF 1995
4. G 74/7: R 26/6Y
Sunset and Rev...H.R. 994. Regulator!} rjjTyj^ri
BEFORE THE
SUBCOMMITTEE ON NATIONAL ECONOMIC GROWTH,
NATURAL RESOURCES, AND REGULATORY AFFAIRS
OF THE
COMMITTEE ON GOVERNMENT
REFORM AND OVERSIGHT
HOUSE OP REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
ON
H.R. 994
TO REQUIRE THE PERIODIC REVIEW AND AUTOMATIC TERMINATION
OF FEDERAL REGULATIONS
MARCH 28 AND MAY 2, 1995
Printed for the use of the Committee on Government ReVdrj^v^^^^Oversight
'UUill.
""'^^B^SSP
"'U.S. GOVERNMENT PRINTING OFFICE .
35-747 CC WASHINGTON
: 1997
For sale by the U.S. Government Printing Office
Superintendent ofDocuments, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-054019-4OVERSIGHTREFORM ANDGOVERNMENTONCOMMITTEE
ChairmanPennsylvania,CLINGER, JR.,WILLIAM F.
COLLINS, IlUnoisCARDISSYorkOILMAN, NewBENJAMIN A
WAXMAN, CahfomiaHENRY A.IndianaBURTONDAN
CaliforniaTOM LANTOS,MarylandMORELLA,rONSTANCE A
VirginiaWISE. JR WestROBERT E.SHAYS, ConnecticutCHRfSTOPffllR
YorkOWENS, NewMAJOR R.MexicoCT^WN sraffF New
YorkTOWNS. NewEDOLPHUSFloridaISs^HTINENnl^r
^Pmn:w Hampshire^"fLf^TSrJ^: ^-^^P^^S-h'^^^^^^^ SLAUGHTtK, Ne»f MCINTOSHLOUISEYorkMcHUGH, NewJOHN M
•" v„.rM»rN^=™iSsklf
WisconsinTHOMAS M. BARRETT,TATkmSSnSi?Y
MississippiTAYLOR,GENEnir-K PHRYSLER Michiean
MichiganCOLLINS,BARBARA-ROSEMiStarn rTi?SS:Hn^
District ofHOLMES NORTON.ELEANOR'^iS.t'raS^'i
New JerseyWILLIAM J. MARTINI. • •^^li'^^^^^^oAXT Tr
FloridaSCARBOROUGH.JOE 'gX'grEeSTJ"'"^ lexasGENE GREEN^ArizonaB. SHADEGG.JOHN
RffiEK FloridaCARRIE P.lUinoisPATRICK FLANAGAN.MICHAEL
PemisylvamaMASCAKAFRANKHampshireBASS. NewCHaSlES FFATTAH.CHAKAOhioLaTOURETTE.STEVEN C
South"MARK" SANFORD.MARSHALL ^^^^^^^^^^^^^^^
(Independent)MarylandEHRLICH. JR.,ROBERT L.
DirectorClarke, StaffJames L.
General CounselKevin Sabo,
Chief ClerkJudith McCoy.
DirectorMinority StaffBud Myers.
ANDRESOURCES,GROWTH, NATURALECONOMICNATIONALSUBCOMMITTEE ON
AFFAIRSREGULATORY
ChairmanMcintosh. Indiana,DAVID M.
MinnesotaPETERSON,C.COLLINTOM n FOX Pennsylvania
CaUfomiaHENRY A. WAXMAN.YorkMciSgHSjSSn M CarohnaJr.. SouthM. SPRATT.JOHNii^v taSt w«VhinSon
SLAUGHTER. NewLOUISE McINTOSHSsotagHuT™cS
PennsylvaniaPAuL'e. KANJORSKI.SSn'^B^iSS)^^"'^--'
CONDIT. CaUfomiaGARY A.MarylandL^^H^R.SrT
OfficioEx
lUinoisCOLLINS,CARDISSPennsylvaniaCLINGER, Jr.,WILLIAM F.
DirectorWebber, StaffMildred
MemberProfessional StaffKaren Barnes,
ClerkDavid White,
Professional StaffSchooler. MinorityDave
StaffGwinn.Bruce
(II)CONTENTS
Page
Hearing held on:
March 1995 128,
May 1995 1452,
Text ofH.R. 994 2
Statement of:
Bechtel, Charles, CEO, Harold J. Becker Roofing and Sheet Metal Co.;
Kaye Whitehead, owner/operator. Seldom Rest Farms; Steven Dean,
president. Dean Lumber Co.; Joe Bob Burgin, owner, Joe Bob's Store,
Inc.; and Paul Mashbum, Viking Builders, Inc 62
Chapman, Hon. Jim, a Representative in Congress from the State of
Texas; and Hon. John Mica, a Representative in Congress from the
State ofFlorida 7
Feder, Judy, Principal Deputy Assistant for Planning and Evaluation,
171Department ofHealth and Human Services
Gilliland, James, General Counsel, Department ofAgriculture 189 ofTransportation .... 217Kaplan, Stephen, U.S.
Regulatory Affairs 29Katzen, Sally, Director, Office of Information and
Counsel, Federal CommunicationsKennard, William E., General U.S.
227Commission
Knight, Edward, General Counsel, Department of the Treasury 200
Richard, Commissioner, Secvuities and Exchange Commission .... 153Roberts,
Schaerr, Gene, partner, Sidley & Austin 56
Vladeck, David, director. Public Citizen Litigation Group 115
Letters, statements, etc., submitted for the record:
Bechtel, Charles, CEO, Harold J. Becker Roofing and Sheet Metal Co.,
prepared statement of 65
Burgin, Joe Bob, owner, Joe Bob's Store, Inc., prepared statement of 96
Chapman, Hon. Jim, a Representative in Cfongress from the State of
Texas, prepared statement of 9
Collins, Hon. Cardiss, a in Congress from the State of
Illinois, of 150
Dean, Steven, president. Dean Lumber Co., prepared statement of 85
Feder, Judy, Principal Deputy Assistant for Planning and Evaluation,
Department ofHealth and Human Services, prepared statement of 173
Gilliland, James, General Counsel, Department of Agriculture, prepared
statement of 191
Kaplan, Stephen, General Counsel, U.S. Department of Transportation,
prepared statement of 219
Katzen, Sally, Director, Office of Information and Regulatory Affairs, of 34
Kennard, William E., General Counsel, U.S. Federal Communications
Commission, prepared statement of 229
Knight, Edward, General Counsel, Department of the Treasury, prepared
statement of 203
Mashbum, Paul, Viking Builders, Inc., prepared statement of 103
the ofMcintosh, Hon. David, a Representative in Congress from State
Indiana, prepared statement of 148
Roberts, Richard, Commissioner, Securities and Exchange Commission,
prepared statement of 155
Schaerr, Gene, partner, Sidley & Austin, prepared statement of 58
Vladeck, David, director, Public Citizen Litigation Group, prepared state-
ment of 119
Whitehead, Kaye, owner/operator, Seldom Rest Farms, state-
ment of 79
(III)H.R. 994, REGULATORY SUNSET AND REVIEW
ACT OF 1995
TUESDAY, MARCH 28, 1995
House of Representatives,
Subcommittee on National Economic Growth,
Natural Resources, and Regulatory Affairs,
Committee on Government Reform and Oversight,
Washington, DC.
The subcommittee met, pursuant to notice, at 10:15 a.m. in room
2247, Rayburn House Office Building, Hon. David Mcintosh (chair-
man of the subcommittee) presiding.
Present: Representatives Condit, Ehrhch, Gutknecht, Mcintosh,
Peterson, Scarborough, Shadegg, Slaughter, and Waxman.
Staff" present: Mildred Webber, staff director; Jon Praed, chief
counsel; Todd Gaziano, senior counsel; Karen Barnes, professional
staffmember; and David White, clerk.
Mr. McIntosh. The Subcommittee on Economic Growth, Natural
Resources, and Regulatory Affairs is convened into order. I am
pleased to open the subcommittee's hearing on the Regulatory Sun-
set and Review Act of 1995. This bipartisan piece of legislation was
introduced by Congressmen Chapman, Mica and DeLay to address
the issue of obsolete, inconsistent and duplicative regulations. Such
regulations are to blame for much of the burden and expense of the
Federal regulatory system, a total of billion per year.$600
Many of the regulations which cost jobs, raise prices and impose
a hidden tax on the American people are today obsolete. These reg-
ulations have been enforced for years without being reviewed. They
must be examined to determine if they are fulfilling their intended
purpose; if their benefits outweigh their costs; or if there is a need
for them now, under the current situation.
It is time for this web of Federal regulations to see the light of
day. And if any single regulation cannot be shown to be beneficial
and necessary, then it should be eliminated. Many Federal regula-
tions contradict and duplicate each other. A joint eTconomic commit-
tee cites the example of an OSHA regulation that requires res-
pirators or masks worn by certain workers to fit tightly around the
mouth, making it very difficult for employees with beards to wear
these devices.
An EEOC requirement, on the other hand, prohibits discrimina-
tion assignments against people who are not clean-shaven. In this
case, the long arm of the Government has reached so far in over-
lapping and contradicting itself to say, well, in one case, canyou
have a beard; in another, you can't perform the job because you
won't be able to wear the required device.
(1)The Regulatory Sunset and Review Act would relieve the Amer-
the billionican public of at least part of $600 per year in the cost
of regulations. Under this bill, all existing Federal regulations
would be reviewed every 7 years; new regulations would be re-
viewed after 3 years; and the agencies would be required to take
whether it meta look at the regulation to see a cost benefit test,
whether it had outlived its usefulness, and a series of other cri-
teria.
I think the Regulatory Sunset