As of July 24, agencies are to be in full compliance with President Bush's recent changes to the regulatory process. But the American people remain in the dark in knowing how these changes will influence the way our government operates. A new analysis by OMB Watch reiterates our concerns with the changes, identifies the many questions that remain, and describes Congress's efforts to mitigate their impact through oversight hearings and proposed legislation.

Read the analysis: E.O. 13422: Unanswered and Unaccountable

The White House Office of Management and Budget (OMB) has released the names of each federal agency's regulatory policy officer (RPO). RPOs are not stand alone offices. For example, the RPO at EPA doubles as the Deputy Administrator. OMB had previously only disclosed the office, not the individual name.

In January, President Bush issued Executive Order 13422 which amends E.O. 12866, Regulatory Planning and Review. E.O. 13422 expanded the powers of agency RPOs, and mandated RPOs be presidential appointees. The changes create the perception that Bush is elevating political interest in the intra-agency decision-making process.

OMB Watch is opposed to the provisions of E.O. 13422 including the changes involving the RPOs. Nonetheless, if these officials are to hold such significant sway, the public should have easy access to a list of exactly who these officials are. OMB is right to post such a list on its website.

See the list here.

The White House Office of Information and Regulatory Affairs (OIRA) is sitting on a rule which would set speed limits for large shipping vessels traveling along the eastern seaboard during the migration season of the North Atlantic right whale. The standard would reduce the number of whales killed in collisions with ships.

Because the rule is considered "major," the National Oceanic and Atmospheric Administration (NOAA) submitted the rule to OIRA for the standard review period prescribed by Executive Order 12866.

OIRA received the rule on February 20, 2007. Under the E.O., OIRA is required to complete its review within 90 calendar days. In consultation with the issuing agency, OIRA may extend the review period once by up to 30 calendar days.

RegInfo.gov, the federal government's regulatory review database, acknowledges the review period for this rule has been extended. However, even with an extension, the review of the rule should have been completed by June 20.

In 2006, OIRA performed a similar review before NOAA published its proposal. This begs the question: If OIRA has already reviewed and edited this rule, why is it continuing to delay finalization? The answer: Delaying the publication of this rule benefits industry.

As the public interest group Public Employees for Environmental Responsibility points out, the shipping industry has been lobbying vigorously against this rule. Unfortunately for industry lobbyists, NOAA has been working on the rule for years and has built a rock solid case in support of it. Since this White House has such a penchant for catering to big business, the only option for OIRA and its new administrator, Susan Dudley, is to endlessly delay finalization of the rule — even if it is in violation of White House policy (the executive order).

Read more from Public Employees for Environmental Responsibility

The Senate is considering an important provision that would stop the latest White House interference in the regulatory process. President Bush's efforts to undermine the ability of federal agencies to protect the public will take effect July 24 unless Congress acts to stop him.

Take Action! Tell your senators to support this provision.

Bush is attempting to make broad alterations to the regulatory process. In January, he issued Executive Order 13422, and the White House Office of Management and Budget (OMB) issued its final good guidance bulletin. Together, these executive decrees would make sweeping changes without the approval of Congress, dramatically politicize the rulemaking process, and further muddy the waters of the federal regulatory system. (Click here for a full explanation.)

But Congress can stop these dangerous changes from taking place. The Senate is considering a provision that would prohibit the White House from using appropriated funds to implement the executive order and good guidance bulletin. The "defunding" provision would be included in the Financial Services and General Government Appropriations bill. The House has already approved similar legislation.

The bill is still moving through the Senate Appropriations Committee and will reach the Senate floor very soon. Contact your senators now to tell them to support defunding Bush's regulatory takeover.

Tell your senators to support the defunding provision that would stop White House interference in the regulatory process.

Today, a subcommittee of the Senate Environment and Public Works Committee is holding a hearing on EPA's recent proposal to revise the national ozone standard. EPA has proposed tightening the standard, but not to the extent recommended by its own staff scientists and advisors.

As Reg•Watch has pointed out, the White House has its fingerprints on this weak proposal. The White House Office of Information and Regulatory Affairs (OIRA) held three meetings on the rule, two of which were packed with industry reps. The first meeting also featured a representative from Vice President Cheney's office. An official from the VP's office has been present in only five of the last 482 regulatory review meetings.

Something else was peculiar about that first meeting: there was no representative from EPA. Executive Order 12866, which governs the regulatory review process, requires an official from the relevant agency be invited to each meeting. OIRA is supposed to disclose why that official did not or could not attend. In this case, OIRA hasn't.

Committee Chairwoman Barbara Boxer (D-CA) questioned EPA Administrator Stephen Johnson on this peculiarity. Johnson said, "I don't know why we were or were not invited," and, "I don't recall being aware of that particular meeting." He also did not recall being briefed on the substance of the meeting afterwards.

Boxer pressed Johnson and asked him to provide answers as to whether EPA has any knowledge of this meeting. Johnson said he would "to the extent possible" and then alluded to invoking executive privilege (the excuse du jour in the administration.)

Executive privilege does not apply to communications between offices like EPA and OIRA. Boxer's questioning raises excellent points about an issue which receives little attention. Reg•Watch hopes Boxer continues to press Johnson in order to shed light on this dark spot in the rulemaking process.

Last week, the House passed the Financial Services and General Government Appropriations bill (HR 2829). The bill contains an amendment which would forbid the White House from expending any funds in implementing President Bush's recent changes to the regulatory process.

The amendment, offered by Reps. Brad Miller (D-NC) and Linda Sanchez (D-CA) states, "None of the funds made available by this Act may be used to implement Executive Order 13422." E.O. 13422 amended E.O. 12866 which governs the White House regulatory review process.

The appropriations bill funds the entire Executive Office of the President. Therefore, this amendment would stop the White House Office of Management and Budget and the Office of Information and Regulatory Affairs (OIRA) from expending any money in carrying out the E.O. Most notably, OIRA would not be allowed to review agency guidance documents.

OMB Watch has criticized E.O. 13422 for stealing power away from agency experts and further politicizing the regulatory process. (Read more here.) House members did the right thing by voting to stop the White House's attempt to consolidate even more power within its walls.

House Balks at Bush Order on Regulations [AP via Washington Post]