Regulatory Enforcement on the Rise under Obama

A new OMB Watch report, The Obama Approach to Public Protection: Enforcement, shows that federal agencies are taking more seriously their responsibility to enforce laws and regulations. Some key findings emerge from the research presented in the report:

  • At the Occupational Safety and Health Administration, the number of safety and health violations cited by agency inspectors is increasing (see page 8 of the report), and officials are shifting the agency’s attention toward high-risk sectors and repeat violators.
  • The Food and Drug Administration has issued a greater number of warning letters to firms in violation of the agency’s rules (see page 17 of the report) and has been a leader in the administration’s efforts to crack down on misleading health claims promoted on product packaging.
  • The U.S. Environmental Protection Agency is moving more quickly to address violations of environmental laws (see pages 25-29 of the report) while agency leaders focus on new enforcement strategies for clean water. 

“Unquestionably, Obama has dramatically changed course from the Bush years,” the report says. “The Bush administration took a hands-off approach to regulation, regularly failing to take a stand against repeat violators. As a result, uncertainty permeated regulatory agencies as staff approached their duties under the law tentatively.”

But as the report also notes: ”For the duration of the Obama administration, regulatory agencies are likely to face an increasingly hostile environment. Many conservatives and business leaders are already criticizing the Obama administration for what they perceive to be a rapid expansion of the regulatory state. This climate will require administration officials to show great resolve if they are to continue the task of rebuilding the regulatory enforcement machine.”

The report is the second in a three-part series examining the Obama administration’s regulatory record. The first report, covering rulemaking at federal agencies, is available at www.ombwatch.org/obamamidtermrulemakingreport.

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