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Examining Congress's Role in Rulemaking

The House Judiciary Committee held an oversight hearing on the Congressional Review Act (CRA). The CRA, passed in 1996, requires agencies submit final regulations to Congress at which point lawmakers have an opportunity to disapprove the regulation by joint resolution. The CRA is theoretically a thoughtful check in government policy- making, but some believe the CRA is underutilized.

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News

Panel Sends Regulatory Recommendations to Obama, Congress 11/18/2008
On Nov. 14, a panel of regulatory experts released a report calling for significant changes to the federal regulatory process. The recommendations are directed to President-elect Obama and the new Congress and are designed to achieve a more effective, efficient, and timely process that is now burdened with excessive requirements and assessments. Read More

Bill Improving Inspectors General Independence Passes Congress 10/07/2008
Congress recently passed legislation that reforms the functions of federal agencies' inspectors general to increase their independence and insulate them from political interference. The passage comes after more than a year of negotiations in Congress and between the legislative and executive branches. President Bush is expected sign the bill. Read More

Lobbyists, Allies in Congress Work to Derail Greenhouse Gas Limits 09/23/2008
With the support of special interest lobbyists, congressional Republicans are pushing legislation to hinder the federal government's ability to address climate change. Proposed legislation would halt early efforts by the U.S. Environmental Protection Agency (EPA) to place new limits on greenhouse gas emissions. Read More

Consumer Product Safety Reform Clears Congress 08/05/2008
Congress has approved a bill that will revamp the nation's consumer product safety net. The legislation reforms the Consumer Product Safety Commission (CPSC) to enable the agency to better enforce safety standards in a market dominated by cheap imports and requires new standards for dangerous substances like lead and phthalates. Read More

Congress Votes to Reauthorize Administrative Conference of the United States 07/22/2008
The House voted July 14 to reauthorize the Administrative Conference of the United States (ACUS) by accepting an earlier Senate-passed bill. The bill now moves to the White House, where President Bush is expected to sign the legislation. ACUS was a small government agency, abolished in 1995, that advised Congress on reforms to administrative and regulatory processes and saved the government millions of dollars over its life. Read More

Congress, FDA Explore BPA Dangers 06/24/2008
Congress and the U.S. Food and Drug Administration (FDA) have begun to further explore the dangers posed by bisphenol A (BPA) and whether to regulate its use, especially in food and beverage containers. BPA is an industrial chemical used to make hard plastic containers, such as baby bottles, and is part of the lining of food cans, where it is used to prevent metal from leaching into foods. Congress recently held a hearing and is considering legislation to limit the use of BPA. The FDA is assessing the toxicity of the chemical to help determine the risk to consumers. Read More

OMB Interference under Scrutiny in Congress 05/13/2008
The White House Office of Management and Budget's review of federal agencies' draft regulations and scientific information was highlighted in two congressional hearings the week of May 5. The review process gives Office of Management and Budget (OMB) officials an opportunity to delay or undermine public health and safety standards. One hearing examined the constitutional implications of OMB review, the other the scientific implications. Read More

Farm Bill Proposes Food Safety Improvements 04/29/2008
The huge farm bill reauthorization under discussion among House and Senate conferees contains two food safety-related items that could help regulatory agencies better protect the U.S. food supply and provide consumers with more information when making purchasing decisions. First, the bill contains country-of-origin labeling, primarily for marketing livestock by-products. Second, it proposes a bipartisan food safety commission to review the existing food system and make recommendations for improvements. Read More

Bipartisan Consensus Forming on CPSC Reform 03/18/2008
Although differences between the House and Senate still exist, Congress is moving toward a bipartisan agreement on major reforms to the Consumer Product Safety Commission (CPSC). Bills from each chamber need to be reconciled, but if Congress can agree on a single proposal, it will set up a showdown with the Bush administration over new provisions intended to expand consumer protections by revitalizing the CPSC. Read More

2008 Regulatory Policy Agenda: Congress Debates, States Act 01/23/2008
In the current political climate, it is unlikely that Congress will succeed in passing legislation that protects the public from the range of regulatory failures we experienced in 2007. The barriers to substantially improving public health, worker safety, and environmental quality seem too high in this election year, especially given President Bush's willingness to use his veto power. What Congress can accomplish in 2008 is establishing legislative and oversight priorities over numerous health, safety, and environmental issues. In many instances, however, we will see states move ahead with a variety of actions designed to improve public protections. The executive branch will also play an increasingly important role as the Bush administration comes to a close. Read More

Workers Threatened by Decline in OSHA Budget, Enforcement Activity 01/23/2008
The consolidated appropriations bill passed by Congress and signed by President Bush in December 2007 cuts the budget of the U.S. Occupational Safety and Health Administration (OSHA) for Fiscal Year 2008. OSHA, like many other federal agencies, already faces budget constraints that make it more difficult for the agency to achieve its mission. Over the past three decades, OSHA's budget, staffing levels, and inspection activity have dropped while the American workforce has grown and new hazards have emerged. Read More

Miner Safety Bill Clears House, Bush Veto Looms 01/23/2008
The House passed the Supplemental Mine Improvement and New Emergency Response Act (S-MINER) on Jan. 16. The bill aims to improve mine safety and the responsiveness of the federal government's chief mine regulator, the U.S. Mine Safety and Health Administration (MSHA), in response to the Crandall Canyon mine collapse and other recent disasters. White House officials have indicated President Bush will veto the bill. Read More

Congress Limps Toward Product Safety Reform 01/08/2008
Despite a record number of consumer product recalls in 2007, Congress adjourned in December without agreeing on legislation to restore the federal government's safety system. The House passed new legislation that would vastly improve the Consumer Product Safety Commission's (CPSC) ability to regulate unsafe products. Weaker Senate legislation was blocked by a lack of bipartisan agreement. Read More

A Year for Failure: Regulatory Policy News in 2007 12/18/2007
In 2007, new regulatory policies and the inability of federal agencies to protect the public made headlines more so than at any time in recent memory. Four themes dominated regulatory policy this year: an increase in White House influence over agency rulemaking activity and discretion, which added a perception of more political manipulation; the inability of the federal government to protect the public by ensuring the safety of imported goods; the voice of some industry groups calling for regulation; and the Bush administration's refusal to regulate in the face of overwhelming scientific evidence, as in the case of climate change. At best, government has attempted to respond to crises instead of getting ahead of the curve. This has left the public uncertain about whether we can count on our government to provide adequate safeguards. Read More

CPSC Reform Efforts Progress as Agency Woes Continue 11/06/2007
Congress is working toward passage of legislation that would expand the resources and regulatory authority of the Consumer Product Safety Commission (CPSC). The bill would also address the continuing problem of lead-contaminated children's products by effectively banning the heavy metal's presence in toys and other goods. Senior administration officials are working to derail the legislation. Read More

Bush Administration Delays Import Safety Changes While Congress Debates Solutions 10/10/2007
The Bush administration and several of its regulatory agencies have been reluctant to address the safety of consumer goods as more recalls of harmful toys and contaminated foods occur. They seem content to delay substantive changes that could improve product safety. Congress, meanwhile, is trying to sort through the many legislative proposals to restore regulatory capacity to agencies and fix the fragmented U.S. import system. Read More

Congress Hears Pleas for Expanded Authority and Resources at CPSC 09/25/2007
A proliferation of children's product recalls due to potentially dangerous exposure to lead has left many turning to the federal government for answers. The Consumer Product Safety Commission (CPSC) has borne much of the brunt for the regulatory failures. Congress is considering solutions including new federal standards for lead, expanding the agency's regulatory authority and increasing agency resources. Read More

Senate Reviews Agencies' Attempts to Preempt Congress and the States 09/25/2007
The Senate Judiciary Committee held a hearing Sept. 12 about federal agencies' practice of inserting into regulations language that removes consumers' ability to sue under state tort law those corporations whose products cause harm. In addition, the use of this preemption language limits the ability of state and local governments to protect the health, safety and welfare of their citizens. Federal preemption removes the targeted policy area from state and local jurisdiction and makes it almost exclusively a federal policy issue. Read More

Congress Expands FDA User Fee Program, Reforms Drug Safety Process 09/25/2007
Congress has passed legislation which will reauthorize a program allowing the U.S. Food and Drug Administration (FDA) to collect fees from pharmaceutical companies in order to conduct drug approvals. The bill will also dramatically expand FDA's regulatory authority in response to recent controversy. President George W. Bush is expected to sign the bill into law soon. Read More

House Votes to Stop Funding for Bush's Regulatory Changes 07/10/2007
The House passed an appropriations bill June 28 that prevents parts of the executive branch from spending Fiscal Year 2008 funds on the implementation of President George W. Bush's controversial executive order amending the regulatory process. The Financial Services and General Government Appropriations Act, FY 2008, (H.R. 2829) was amended by voice vote late on the night of June 27 and was passed the next day. The bill provides funding for everything from the Treasury Department and the Executive Office of the President to the Federal Election Commission and the U.S. Tax Court. Read More

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