Mr. Chairman, I yield myself such time as I may consume. I rise to address H.R. 2432, the Paperwork and Regulatory Improvements Act of 2004. We are talking about this bill today because House Republicans are concerned that they are being…
Mr. Chairman, I yield myself such time as I may consume.
I rise to address H.R. 2432, the Paperwork and Regulatory Improvements Act of 2004. We are talking about this bill today because House Republicans are concerned that they are being criticized for the millions of jobs that have been lost under this administration.
House Republicans have decided that instead of taking action to create jobs, they would make a plan to talk about taking action to create jobs. Each week they have a different theme. This week they are talking about cutting red tape. The bill we are considering, however, does nothing to cut red tape.
As we will hear later from the gentleman from California (Mr. Waxman), this bill does nothing to reduce the hours that Americans spend filling out paperwork. In fact, the hours Americans must spend filling out paperwork has increased dramatically under the Bush administration.
This bill will also do nothing to improve the regulations issued by the Bush administration. In fact, some provisions of the bill will actually make the regulatory process worse.
I have a letter that I would like to enter into the Record to appear after my statement, Mr. Chairman, from the League of Conservation Voters opposing this bill. This letter states, ``At best, this bill would result in a waste of money at a time when Federal resources are shrinking; at worst, it would contribute to a loss of vital protections for millions of Americans.''
The League of Conservation Voters also expresses in their letter support for an amendment the gentleman from California (Mr. Waxman) and I are offering that would establish an independent commission of distinguished experts to investigate the politicization of science in the regulatory process. The League of Conservation Voters thinks this is such an
important issue that Members may find their votes in the League of Conservation Voters scorecard.
Leading scientists, including 20 Nobel Laureates, have said the political and ideological distortion of science is a major block to effective government action on a wide range of health and environmental issues. This administration is injecting itself into the regulatory process to manipulate science and to manipulate agency regulations to suit industry.
Over and over we hear about agency proposals that are rewritten by the Office of Management and Budget to fit the needs of industry without regard to the expertise of agency scientists and other experts. The administration's proposal on mercury pollution is one recent example. The gentleman from Maine (Mr. Allen) will describe these particular problems in more detail at a later time.
We should not be here just talking about cutting red tape, Mr. Chairman. We should not be passing legislation that will weaken important regulatory protections that aim to ensure a safe and healthy environment for our children. What we should be doing is taking positive steps to make the regulatory process better for all Americans.
League of Conservation Voters,
May 18, 2004.
Re: Oppose H.R. 2342, Support the Waxman (D-CA)/Tierney (D-
MA) Amendment
U.S. House of Representatives,
Washington, DC.
Dear Representatives: The League of Conservation Voters
(LCV) is the political voice of the national environmental
community. Each year, LCV publishes the National
Environmental Scorecard, which details the voting records of
Members of Congress on environmental legislation. The
Scorecard is distributed to LCV members, concerned voters
nationwide, and the press.
LCV urges you to oppose H.R. 2432, which would require the
Office of Management and Budget (OMB) to assess the
feasibility of imposing regulatory budgeting on major
agencies. Regulatory budgeting is a misguided concept that
elevates the interests of regulated industries over all other
considerations. At best, this bill would result in a waste of
money at a time when federal resources are shrinking; at
worst, it would contribute to a loss of vital protections for
millions of Americans.
Regulatory budgeting caps the costs that government can
impose on the private sector each year, regardless of the
need for public protections. Under this system, once the
``budgeted'' cap has been reached, agencies must cease
fulfilling their mandates--polluters get a free pass,
workplaces go unprotected, and hazardous foods move into
commerce.
OMB should be directed to account for actions that have
taken place over the past three years as scores of critical
safeguards have been weakened, rescinded, or abandoned in
progress. LCV has noted with alarm the accumulating threat to
public health and the environment caused by the rollback of
regulations intended, to prevent destruction of the ozone
layer, reduce air pollution, prevent neurological harm to
children, reduce public exposure to toxins and contaminants,
preserve crucial habitat for endangered species, ensure clean
drinking water.
LCV supports the Waxman-Tierney Amendment to create a
Commission on Politicization of Science in the Regulatory
Process. The Commission would evaluate regulatory activities
to determine the extent to which political considerations
have undermined the quality and use of the science, and
report within 18 months. This commission will address
concerns among scientists and government professionals that
political considerations are unduly influencing regulatory
decisions.
Americans expect that the science used in development of
regulations is not colored by politics. Please oppose H.R.
2432 and support the Waxman Amendment. LCV's Political
Advisory Committee may consider including votes on this issue
in compiling LCV's 2003 Scorecard. If you need more
information, please call Betsy Loyless in my office at (202)
785-8683.
Sincerely,
Deb Callahan,
President.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 4 minutes to the gentleman from California (Mr. Waxman), the ranking member of the full committee.
Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from Ohio (Mr. Brown).
Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from Maine (Mr. Allen).
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, as I noted, under this administration, we have had the largest increases in the number of hours of paperwork burden ever.
Mr. Chairman, I yield 3 minutes to the gentlewoman from Texas (Mrs. Eddie Bernice Johnson).
Mr. Chairman, I urge my colleague to stay around for the amendment that the gentleman from California (Mr. Waxman) and I will present to talk about politicization of particular projects and policies.
Mr. Chairman, I yield 3 minutes to the gentlewoman from New York (Mrs. Maloney).
Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I continue to be amused by the railing on the other side of all this paperwork burden as if they did not understand that the cause of that was their own administration. The President ran on a platform of cutting back the regulatory burden on businesses; and if you go back in history during that period of time before 2000, you can see speech after speech telling us how terrible the paperwork burden was and what he was going to do to improve it. But the fact of the matter is if you look at the report done for the gentleman from California (Mr. Waxman) and for me, it states clearly, ``The annual paperwork hours today is over 700 million burden hours higher than it was when President Bush took office.'' In the year 2000, it increased by 7.4 billion hours. In 2003 it went up to 8.1 billion hours. It is an increase of over 10 percent.
The Internal Revenue Service accounts for more paperwork than any other Federal agency with 81 percent of the total paperwork burden hours. Yet that is exactly where most of the increases came. The largest sources of statutory increases in paperwork have been the recent tax law changes. They have been introduced and made a substantial additional complexity and burden for individuals and small businesses in filling out their tax forms.
And that, Mr. Chairman, is the reason for the increase.
Mr. Chairman, I reserve the balance of my time.
Yes, I have additional speakers coming.
Mr. Chairman, I have two more speakers on their way over.
Mr. Chairman, how much time do I have remaining?
Mr. Chairman, I yield myself 1\1/4\ minutes.
Mr. Chairman, let me reiterate some of the things I may have touched on earlier and maybe one new point. The bill that we are talking about here today really does not reduce paperwork or improve the regulatory process. One of the problems it has, it talks about a study on regulatory budgeting, but yet it does not define the term ``regulatory budget.''
In prior hearings, the subcommittee chairman indicated he thought this was going to set a cap on the cost that an agency's combined regulations could impose on the public. An agency with a regulatory budget would then face an arbitrarily set cap on how much its regulations could cost industry in any given year; and under that system, no consideration whatsoever would be given to why the regulation was needed. Once the agency hit that cost cap, it cannot issue any more regulations even if another regulation is needed to save lives, prevent injuries, protect our environment, or improve homeland security.
One good example of this is the EPA recently announced its new clean air, nonroad diesel rule that, according to the EPA, will cut emissions from industrial and other diesel-powered equipment by over 90 percent. If the EPA had a regulatory budget and had reached its cap for the year, it would not have been able to issue that rule, no matter how necessary the rule or how much pollution it would have cleaned up. That essentially is one of the major problems with this bill.
Mr. Chairman, I think that we cannot allow that type of a study to even start down that path. We do not want to be measuring things just on costs, without factoring in safety obligations and other improvements in homeland security, our environment and preventing injuries.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentlewoman from the District of Columbia (Ms. Norton).
Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from California (Ms. Solis).
Mr. Chairman, I yield 2\1/4\ minutes to the gentleman from Maryland (Mr. Cummings).
Mr. Chairman, I yield myself the balance of the time.
I just say, Mr. Chairman, I think we have heard adequate reasons here why this bill comes up short in what would be a help in any sense in types of burden relief. It does have to be a situation where we are concerned about who is responsible.
One of the colleagues on the other side of the aisle raised that issue that we should not be, but hopefully, we need to enlist the support of this administration and a majority here to help get the burden down, and this administration has had record increases in paperwork burdens, mostly because of the Internal Revenue Code changes that they have made, which have substantially added to that situation.
Not only did it not address the recession and not address the job losses, which have been historic, it also failed to do anything about reducing paperwork burdens and, in fact, increased that substantially.
So I think that this debate has made that clear, Mr. Chairman. I would advise folks to please read the report the gentleman from California (Mr. Waxman) and I had done and introduced in the Record and vote against this bill.
Mr. Chairman, I claim the time in opposition; and though I rise to claim the time in opposition, we do not oppose the amendment.
Mr. Chairman, Congress did create a 3-year pilot program in the Truth in Regulating Act, the so-called TIRA act, of 2000. That required the General Accounting Office to report on economically significant rules, if asked by the chairman or the ranking minority member. Authorization for funding was included in the bill; but, unfortunately, during the entire 3-year pilot program, Congress never appropriated any money to fund the project. Because of this, the pilot program never happened.
The bill before us today would make this pilot project permanent, oddly enough. The amendment of the gentleman from California (Mr. Ose) would provide authorization of $5 million each year to fund the project; but the General Accounting Office has said it would need $8 million in actual funds,
not just promised funds, in order to perform the extra work required in this provision.
What the General Accounting Office really supports is making this provision a pilot project instead of making it permanent, which seems to make eminent sense, given the fact that the original pilot program was not able to be conducted. We should fund the pilot program and find out whether it even works before we make it permanent.
Mr. Chairman, I submit for the Record a May 11, 2004, letter from the General Accounting Office comptroller, David Walker, to the ranking member, the gentleman from California (Mr. Waxman). In this letter, Mr. Walker writes, and I quote, ``If Congress wants TIRA to continue, we believe it should do so as a pilot project rather than as permanent authority.''
The entire letter is as follows, Mr. Chairman:
United States General
Accounting Office,
Washington, DC, May 11, 2004.
Hon. Tom Davis,
Chairman, Committee on Government Reform, House of
Representatives.
Dear Mr. Chairman: The Truth in Regulating Act of 2000
(TIRA), Pub. L. No. 106-312, 114 Stat. 1248 (Oct. 17, 2000),
became effective on January 15, 2001. (Codified at 5 U.S.C.
Sec. 801 note.) TIRA contemplated a 3-year pilot project,
during which GAO would perform independent evaluations of
``economically significant'' agency rules when requested by a
chairman or ranking member of a committee of jurisdiction of
either House of Congress. The independent evaluation would
include an evaluation of the agency's analysis of the
potential benefits, potential costs, and alternative
approaches considered during the rulemaking proceeding. Under
TIRA, GAO was required to report on our evaluations within
180 calendar days after we received a committee request.
Section 6(b) of the Act, however, provided that the pilot
project would continue only if, in each fiscal year, ``a
specific annual appropriation not less than $5,200,000 or the
pro-rated equivalent thereof shall have been made for the
pilot project.'' Section 6(c) of the Act directed GAO to
submit to Congress, before the conclusion of the 3-year
period, ``a report reviewing the effectiveness of the pilot
project and recommending whether or not Congress should
permanently authorize the pilot project.'' During the 3-year
period contemplated for the pilot project, Congress did not
enact any specific appropriation to cover TIRA evaluations.
The authority for the 3-year pilot project expired on January
15, 2004.
On June 11, 2003, Congressman Ose introduced H.R. 2432
that, in section 5, would make TIRA's pilot permanent. In
August 2003, GAO provided staff of Congressman Ose with
amendments to H.R. 2432 to make clear that the same
limitation enacted in TIRA would continue if H.R. 2432 was
enacted, that is, GAO could not conduct any TIRA evaluations
without a specific appropriation enacted by Congress. (GAO's
proposed amendment enclosed.)
The GAO has conducted no TIRA evaluation. Therefore, in our
view, if Congress wants TIRA to continue, we believe it
should do so as a pilot project rather than as a permanent
authority. Moreover, we cannot support any proposal to make
TIRA permanent, such as H.R. 2432, without the inclusion of
language that makes clear that a specific appropriation must
be enacted before GAO can conduct TIRA reviews. In a recent
GAO report, we noted that the Office of Information and
Regulatory Analysis within the Office of Management and
Budget (OMB) has reviewed approximately 600 ``economically
significant'' rules a year since 1994. While realistically
GAO would only be asked to review selected rules, any
expansion of GAO's scope without additional dedicated
resources would pose a serious problem for us, especially in
light of what will likely be increasing budgetary
constraints. It would also likely serve to adversely affect
our ability to provide the same level of service to the
Congress in connection with our existing statutory
authorities.
TIRA evaluations will require a significant amount of
resources that cannot be absorbed within, for example, GAO's
fiscal year 2004 appropriation, given the substantial present
workload at GAO, our current backlog of pending requests, and
the anticipated need for contracting for specialized
expertise to assist us in our evaluations of particular
rules. Accordingly, we respectfully request that H.R. 24321
be amended to condition GAO's obligation to conduct
independent evaluations on the enactment of a separate and
specific annual appropriation. To cover the cost of such work
we propose an amendment to H.R. 2432 authorizing an annual
appropriation of $8,000,000 for fiscal year 2005.
Thank you for your consideration of this important matter.
Sincerely yours,
David M. Walker,
Comptroller General of the United States.
Enclosure.
amendments to the truth in lending regulating act
Section 5 of Public Law 106-312 is amending by striking
everything after the heading and inserting the following:
(a) There are authorized to be appropriated to the General
Accounting Office to carry out this Act $8,000,000 for fiscal
year 2005.
(b) For each fiscal year thereafter, there are authorized
to be appropriated an amount equal to the prior fiscal year's
authorization plus an amount calculated by multiplying the
prior year's authorization by the change in the Consumer
Price Index as prepared by the Department of Labor for that
fiscal year.
Section 6 of Public Law 106-312 is amended by striking
subsection (b) and inserting the following new subsection
(b):
(b)(1) Absent a specific annual line item appropriation in
the General Accounting Office's appropriation for fiscal year
2005 of not less than $8,000,000 for this purpose, the
General Accounting Office shall not conduct in fiscal year
2005 any independent evaluations as authorized by this Act.
(2) Absent a specific annual line item appropriation in the
General Accounting Office's appropriation for each fiscal
year thereafter of not less than the amount authorized for
that fiscal year by section 5(b) for that purpose, the
General Accounting Office shall not conduct in that fiscal
year any independent evaluations as authorized by this Act.
The underlying bill that we are considering has other problems also, Mr. Chairman, and I will mention those briefly.
One is the provision that would require targeted agencies to participate in a study on regulatory budgeting. And I talked a little about this in the last session we had. An agency with a regulatory budget faces an arbitrary cap on how much its regulations can cost industry. The benefits of regulation, such as saving lives or preventing injuries, are not even considered under such a regulatory budget.
A study of regulatory budgeting may seem harmless enough, but it actually is not. It is one step down the path of regulatory budgeting that would be a step too far. The underlying bill requires every agency to submit every year to the Office of Management and Budget the annual costs and benefits of all rules and paperwork, to the extent feasible, for the entire agency and every program.
Mr. Chairman, I am concerned the committee report states this provision, and I quote, ``requires Federal agencies to submit annual estimates of the costs and benefits associated with the Federal rules and paperwork for each of their agency programs.''
We have not offered an amendment to strike this provision because the committee majority informed us before we considered the bill that this provision is not intended to require agencies to conduct any extra cost-benefit evaluation beyond that which they already prepare. Expanding the use of cost-benefit analysis would divert resources from the work that agencies are supposed to be doing to carry out their core missions, and it would not add value or improve the quality of decision-making in the regulatory process.
I could go on, Mr. Chairman, with the problems in this bill; but the bottom line is this bill does nothing to improve the regulatory process and could, in fact, result in a worsening of the regulatory process.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume, and I will just use the couple of remaining moments to talk about something that both of the last speakers raised.
I think it is important to note that while we are all concerned about paperwork burdens, especially on small businesses, the Internal Revenue Service accounts for more paperwork than any other Federal agency. It is 81 percent of the total paperwork hours. In contrast, the Environmental Protection Agency only accounts for 1.8 percent of Federal paperwork burden; the Department of Labor, including OSHA, only accounts for 2 percent of the Federal paperwork burden. So, again, we get back to the point that if we really want to do something about this, we could look at the tax bills that were passed by this administration which increased the paperwork burden 290 million hours in one year and 570 million in another year and continue to be going at a record pace.
We should be concerned about that, and we should be concerned again about the regulatory budget aspect that is being suggested in this bill. Again, it does not do enough to take care of the issue of regulations needing to be in place to save lives, to prevent injuries, to protect our environment, or to improve homeland security. All of those things must be factored in every bit as much as the dollar cost. And this whole idea of regulatory budgeting would not allow for that. It would in that sense be counterproductive and against the interests of the American people.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I am always amazed to see how frightening it is for our colleagues to be confronted with a nonpartisan study, and that would be by a commission that was appointed by the President and by members of that party and members of this party.
One of the speakers talked about this being political and partisan. Basically, we are in an atmosphere here that is political by nature. It is our obligation, if the President is putting a twist onto different regulations and either avoiding their implementation or manipulating them and missing science altogether, our obligation is to make sure this is set right; and a commission should look at it to make sure that all regulations are either enforced or implemented based on good, hard science and not ideology and politics, as many are accusing the President of doing.
We should not stop with the Atlanta Journal-Constitution. We should go on to the New York Times that editorialized that ``the administration belittled, misrepresented, altered, or quashed multiple reports suggesting a clear link between greenhouse gas emissions and the burning of fossil fuels like coal and oil.''
The Chattanooga Free Press wrote that ``the Bush administration has elevated its political agenda, ideology and vested interests over substantive scientific concerns about the environmental and health consequences of its policies.''
Citing the manipulation of data on caribou in the ANWR and the firing of qualified experts from a lead poisoning advisory committee, the Boston Globe concluded ``at a time when so many issues are grounded in laboratory or field work, this corrupting of scientific evidence misinforms lawmakers and the public and could make scientists unwilling to work for the government.''
And the Philadelphia Inquirer concluded that ``the Bush administration is risking public trust in vital government agencies by putting scientific findings through a political and ideological shredder.''
The Kansas City Star declared that ``it is time for a thorough review.''
So it is not just the Democratic Party over here. I would assume there are members in the Republican Party who are sensible enough to want to have a good analysis of this done, and want to put aside all of the political shenanigans of this administration.
Across the country, editorial page after editorial page acknowledges this is the most political White House we have ever had on these issues; and everybody wants it to stop, stop taking these regulations and manipulating them to say something that is not true or accurate. Let us get the science right.
This is the perfect bill for this to be brought forward in. We are talking about regulations, and it is imperative that regulations are implemented in a proper way based on scientific evidence and not politics.
This White House has politicized this, not this party. I would think my colleagues on the other side of the aisle, if they have a shred of desire to see the integrity of this institution maintained, would join us and vote for this amendment.