[Congressional Record Volume 141, Number 36 (Monday, February 27, 1995)]
[Extensions of Remarks]
[Page E445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page E445]]
                   REGULATORY TRANSITION ACT OF 1995

                                 ______


                               speech of

                           HON. LOUIS STOKES

                                of ohio

                    in the house of representatives

                      Thursday, February 23, 1995

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 450), to 
     ensure economy and efficiency of Federal Government 
     operations by establishing a moratorium on regulatory 
     rulemaking actions, and for other purposes:

  Mr. STOKES. Mr. Chairman, I rise in strong opposition to H.R. 450, 
the Regulatory Transition Act of 1995. We cannot and should not, in an 
attempt to reform regulations, shirk our responsibility to act in the 
best interest of the American people by totally curtailing essential 
regulations that protect the public. This flawed and hurried 
legislation will not only fail to truly reform the few regulations that 
need it but will endanger the American public by stripping away the 
services and protections Congress is obligated to provide.
  The bill before us today, the Regulatory Transition Act of 1995, will 
not only attempt to undo many of the important accomplishments of the 
U.S. Congress, Federal agencies, and the President of the United States 
but also seeks to undermine many of our most important efforts to 
improve the quality of life for all Americans.
  The stated purpose of the Regulatory Transition Act is to impose a 
moratorium on regulatory rulemaking actions by Federal agencies. The 
bill establishes a moratorium period beginning on November 9, 1994, and 
ending June 30, 1995. Except for a few special interest exceptions 
granted to friends of the new majority, any regulatory action taken 
during this period would be suspended until July 1, 1995.
  While I agree that Congress should reform regulations where needed, 
this proposed measure goes well beyond this legitimate objective of 
balancing responsibilities. In fact, this bill is specifically designed 
to inhibit the will of the people by creating artificial obstacles to 
congressional support for programs the current majority has long sought 
to weaken, if not totally eliminate, including laws that protect the 
environment, strengthen crime control, and heighten worker and citizen 
safety.
  H.R. 450 will have a devastating impact on the environment. As a 
Representative of the urban district of Cleveland, OH, I have witnessed 
the severity of the environmental problems this Nation and its inner 
cities now face. The quality of most urban air and water in this 
country is in dire need of immediate attention.
  Mr. Speaker, without regulations concerning the Clean Water Act, the 
Clean Air Act, and or others promulgated by the Environmental 
Protection Agency or OSHA--all measures that represent significant 
steps toward remedying the effects of environmental devastation and 
injustice--the American people and all future generations will be 
harmed forever.
  I am certain that no one in this House would want to increase the 
risk of disease, dysfunction, and premature deaths caused by exposure 
to toxic emissions from cadmium, lead, mercury, or dioxin. But that is 
exactly what H.R. 450 would do. It would slam the door on an EPA rule 
that would reduce emissions from cadmium, lead, and mercury from 
municipal waste incinerators.
  Of equal importance is the negative impact of H.R. 450 on the FDA 
rule designed to ensure that mammograms for breast cancer detection are 
properly administered and interpreted. The breast cancer incidence rate 
in women increased from 85 per 100,000 in 1980 to 112.3 in 1991. This 
trend calls for more intensive breast cancer screening that includes 
mammography, a procedure which clearly reduces death from the disease. 
FDA regulation would enhance our effort to alter the course of the 
breast cancer epidemic. But none of these regulations written for the 
good of the public may survive and Republicans plan to
 dismantle the general public's Federal protection against needless 
death.

  This bill will also significantly compromise citizen and worker 
safety. Last year, over 10,000 American workers died in the workplace. 
Another 70,000 were permanently disabled, and more than 100,000 
contracted fatal occupational illnesses. H.R. 450 will greatly inhibit 
our ability to protect the American population from unsafe products, 
dangerous working conditions, and avoidable disasters. I cannot in good 
conscience endanger American workers by supporting this bill.
  In addition to endangering the health and lives of Americans, 
approval of H.R. 450 would result in additional Government waste. 
Surprisingly enough, the antilitigation Republicans have included in 
this legislation provisions that will lead to a proliferation of 
administrative lawsuits. H.R. 450 creates a new cause of action for 
those who claim that they have been adversely affected by Agency 
action. This law will lead to a myriad of lawsuits brought by anyone 
who does not like some regulation created by the Federal Government, 
wasting time, money, and limited Government resources.
  Mr. Speaker, this legislation is unprecedented in its scope. Few 
areas of Federal regulation will be unaffected by this measure, yet, 
with very little opportunity for open hearing, and with limited debate, 
this act has been placed before us. A measure of this kind requires 
detailed analysis of the impact it may have on the American people, but 
no such review has or will take place. In the current rush to force 
this bill to the floor of this House, the will of the American people 
will certainly be compromised.
  Furthrmore, Mr. Speaker, this legislation will not only have a 
dramatic and disastrous impact on future regulation, it will also 
affect existing regulations. Important rules essential to efficient 
clarification, tailoring, and consolidation, by enhancing standards, or 
by enhancing the scope of the original regulation, will all be 
inhibited by this bill.
  Important measures placed in jeopardy by this proposed legislation 
include virtually every aspect of governmental activity, from the 
protection of our citizens' civil rights to ensuring safe food and 
drink for our children. Any proposed regulation that is designed to 
protect workers and citizens from unnecessary injury, protect the 
environment, or promote equity, will be subject to exclusion under this 
bill.
  Mr. Speaker, it is my belief that H.R. 450 and the circumstances 
under which it is presented in this House is an attempt to mislead the 
American people to believe that cookie-cutter, simplistic solutions 
will cure what ails this Nation. Nothing could be further from the 
truth. As our Nation faces an epidemic of pollution, discrimination, 
and poverty, the solution to these problems will not be found in quick 
fixes like H.R. 450. The American people elected us to act in their 
best interest, not compromise their welfare because Government refuses 
to have the courage to meet its obligations. I urge my colleagues to 
vote against this bill.


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