[Congressional Record Volume 140, Number 66 (Tuesday, May 24, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DISCHARGE PETITION FOR REGULATORY FLEXIBILITY AMENDMENTS ACT OF 1993

  The SPEAKER pro tempore (Mrs. Lloyd). Under the Speaker's announced 
policy of February 11, 1994, the gentleman from Illinois [Mr. Ewing] is 
recognized during morning business for 5 minutes.
  Mr. EWING. Madam Speaker, I rise today to ask my colleagues to sign 
Discharge Petition No. 19, which would discharge an open rule for the 
consideration of H.R. 830, the Regulatory Flexibility Amendments Act of 
1993. This bill has over 250 cosponsors.
  The Regulatory Flexibility Act was passed by Congress and signed by 
President Carter back in 1980. In passing the RFA, Congress recognized 
that Federal regulations have a disproportionate impact on small 
businesses and small governmental entities and that Federal regulations 
ought to be written flexibly, to take this impact into consideration.
  The RFA requires regulators to prepare a regulatory flexibility 
analysis for any new regulation which will have a significant impact on 
small entities and to find ways to minimize those effects. The RFA 
requires regulators to find the least costly way to implement 
regulations.
  Because judicial review of agency compliance with the RFA is 
prohibited, there is no recourse against Federal bureaucrats who ignore 
the RFA. Most Federal agencies routinely ignore the RFA by passing 
boilerplate exemptions from the act. Without judicial review, these 
determinations cannot be challenged. In short, the regulators are 
judge, juror, and executioner.
  H.R. 830 would put some much-needed teeth into the RFA by allowing 
judicial review, and would otherwise strengthen the act.
  H.R. 830 is strongly supported by the small business community. A 
coalition of nearly 50 small business groups has come together to urge 
Congress to pass this legislation. This coalition includes the U.S. 
Chamber of Commerce, the National Roofing Contractors, the National 
Association for the Self Employed, and the National Federation of 
Independent Business.
  Vice President Gore's National Performance Review studied the RFA, 
and concluded that judicial review is necessary to force regulators to 
start complying. In fact, judicial review of the RFA was their No. 1 
recommendation for the Small Business Administration.
  Why has this bill not moved? Because the bureaucrats oppose it. No 
greater special interest frustrates small businesses more or makes them 
madder than the biggest special interest group in Washington, DC--the 
bureaucracy. We created it. It is the tail that wags the dog. Let us 
help put a stop to that now by signing Discharge Petition No. 19.

  I would like to thank each of the 251 cosponsors of H.R. 830 for 
their help in bringing this issue to the attention of Congress. The 
bill has received widespread bipartisan support, including both the 
chairman and ranking member of the Small Business Committee. We have 
worked to bring H.R. 830 through the regular legislative process. 
However, the chairman of the subcommittee with jurisdiction over the 
bill has given no indication that he will mark up this legislation 
before Congress adjourns this fall.
  Madam Speaker, when a bill has over 250 cosponsors, which is well 
over half the House, it would seem fair that the bill should at least 
be debated and voted on by the full House.
  Once again, I encourage my colleagues to sign Discharge Petition No. 
19, which will bring forward an open rule for consideration of H.R. 
830.

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