[Congressional Record Volume 141, Number 40 (Friday, March 3, 1995)]
[Extensions of Remarks]
[Page E503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                             [[Page E503]]

                   REGULATORY TRANSITION ACT OF 1995

                                 ______


                               speech of

                              HON. JAY KIM

                             of california

                    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. KIM. Mr. Chairman, the Federal bureaucracy is out of control 
issuing burdensome regulation after regulation.
  Currently, over 110 executive branch agencies issue regulations, 
including approximately 22 independent regulatory boards and 
commissions. Additionally, some 250,000 Federal employees do nothing 
but issue and process regulations.
  Since November 20, more than 500 additional regulations have been 
added to the Federal Register. Therefore, it should come as no surprise 
that last year's Register was the longest it has been since the Carter 
administration--67,000 pages long in 1994. We must stop these ever-
mounting regulations.
  Many of these directives from Washington are unnecessary and have 
become tremendous burdens on American businesses. National Performance 
Review studies have found that these regulations could cost as much as 
$540 billion each year--not to mention all the paperwork.
  The Office of Management and Budget estimated that in 1991, the 
American people spent more than 6.5 billion hours filling out forms. 
According to the Small Business Administration, small businesses alone 
spend at least 1 billion hours each year filling out Federal forms at 
an annual cost of $100 billion.
  Many regulations are contradictory and--in many cases--jeopardize the 
economic prosperity and personal safety of the public.
  For example, in my own district in California, I witnessed the 
bureaucratic, regulatory struggle between the Federal Aviation 
Administration and the Fish and Wildlife Service over which agency's 
regulations were to take precedence at Ontario International Airport.
  The FAA's regulations required the constant control of vegetation 
around the airport. This control is needed to keep birds away from the 
runways--because birds could be sucked into the engines of the aircraft 
flying people in and out of the airport and could cause an airplane to 
crash. This is clearly a safety issue and this regulation makes sense.
  But, there was a certain fly--that's right, an insect--called the 
flower-loving fly, which the Fish and Wildlife Service considered 
endangered and that was supposedly occupying the vegetation around the 
runway.
  Citing their regulations, the bureaucrats at the Fish and Wildlife 
Service prohibited the destruction of this alleged habitat. For nearly 
a year, approval of the environmental impact report was stalled. This 
approval was needed to expand the airport. The bureaucrats were so 
academic and dedicated to their own particular regulations, that they 
became completely illogical.
 The long arm of intrusive Government mandates and regulations even 
extends to the pavement on which we all walk and drive.

  Here's how: The Federal Government now requires States to use old 
rubber tires in the asphalt of new roads. The idea behind this 
directive has merit--in theory. Rather than have local landfills 
overflow with old tires, they would be recycled into paving asphalt.
  However, the Federal Government turned a simple idea into an 
impossible requirement. Because of the excessive regulations and legal 
mandates associated with this directive, hundreds of millions of 
dollars in needed highway funds are at risk of being lost each year. If 
a State does not comply with every little regulation and fill out every 
little form, the Federal Government can withhold its highway funding, 
stopping the construction of a road even as the ground is being graded 
or asphalt being laid.
  So, States do whatever it takes--despite high costs and risks--to 
meet these Federal regulations, despite the fact that the use of old 
tires--called crumb rubber--does not really work.
  First, most States do not have the proper equipment to mix old tires 
into asphalt, nor do their road crews have the proper training in 
working with this material.
  Second, it is terribly expensive. It can cost three times as much as 
ordinary asphalt. To comply with all the laws and regulations regarding 
the use of crumb rubber, most States would have to buy millions of 
dollars' worth of new equipment. That means tax dollars go into new, 
specialized machines--not roads. Further complicating the matter is 
that most States do not have a reliable supply of used tires. A 
distribution network of old tires does not exist.
  Finally, some States are concerned about the health risks associated 
with the use of crumb rubber. Melting tires in old equipment creates 
toxic fumes putting the health of road crews and the environment at 
large at risk.
  It's time to say, ``stop'' to this nonsense. It's time to reevaluate 
and reform the way new mandates and regulations are issued.
  That's exactly what Congress has done this week in passing the 
Regulatory Transition Act. I am proud to have voted for this measure 
and I am encouraged that it passed the House. This bill will make sure 
that any new regulations are: First, necessary; second, logical--that 
means they make sense to average people; third, cost effective; and 
fourth, do not contradict other laws and regulations already in effect.
  This is only one of a series of responsible Contract With America 
reforms I supported and Congress has passed. Others include:
  The Unfunded Mandate Reform Act--H.R. 5.
  The Risk Assessment and Cost-Benefit Act--H.R. 1022.
  The Regulatory Reform and Relief Act--H.R. 926.
  Private Property Protection Act--H.R. 925.
  Combined together, these reforms may finally give the American people 
the relief they need from excessive Government regulations and Federal 
micromanagement of their lives. And, contrary to the claims of special 
interests and the bureaucracy, these commonsense measures will not 
threaten anyone's security, health, or safety. Each of these bills 
provide exceptions for security, health, safety, and other important 
concerns. These measures help redefine the role of Government as that 
of providing responsible service and protection, not needless 
regulations and costly burdens.


                          ____________________