Representatives from the office of Vice President Richard Cheney have been involved in three current administration rulemakings. Their presence is indicative of a recent trend in which Cheney has involved his office in high-profile regulations.

The White House Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) reviews all the significant proposed and final regulatory actions of non-independent federal agencies. During the review process, OIRA often conducts meetings to solicit the opinions of outside stakeholders. A representative from the issuing agency must also be invited to the meetings.

Throughout the Bush administration, OIRA has frequently conducted such meetings and generally met with industry lobbyists and members of the regulated communities. OIRA also often engages representatives from other White House offices such as the Council on Economic Advisors or the Office of Science and Technology Policy to assist in the review process. However, until recently, representatives from Vice President Cheney's office have rarely been included.

On Oct. 25, OMB held a meeting with members of the Climate Policy Group, a coalition of public power utilities. A representative from the Office of the Vice President (OVP), as well as officials from the U.S. Environmental Protection Agency (EPA) and Departments of Agriculture, Energy and Transportation, attended. The coalition submitted material regarding greenhouse gas reduction policy. Although the nature of the meeting is not disclosed on the OMB website, attendees likely discussed the rulemaking EPA is preparing to initiate to reduce greenhouse gas emissions.

A representative from OVP attended four meetings regarding Department of Homeland Security (DHS) regulations of chemical plants. Those meetings were held between June and September and included representatives from the National Propane Gas Association, the American Trucking Association, and other industry groups. The consultation between the government officials and the industry groups helped shape the final regulation which the agency announced Nov. 2, BNA news service reports (subscription).

The regulation sets thresholds for quantities of certain chemicals which, if possessed by a chemical plant, would require the plant to submit information in order to allow DHS to assess the risk of a potential terrorist attack on the plant. The final regulation lists fewer chemicals than DHS's initial proposal announced in April. That proposal did not include thresholds but would have required reporting if plants held listed chemicals in "any amount."

In June, a representative from OVP attended a meeting on EPA's proposal to revise the standard for ozone. Representatives from the Chemical Industry Institute and the Auto Alliance, a coalition of major automakers including Ford, GM and Toyota, also attended. Later that month, EPA announced its proposal to tighten the standard slightly, but critics assailed the proposal for being too lenient. Industry groups, including those lobbying the White House, wanted EPA to maintain the current standard. EPA's board of independent scientific advisors recommended a standard tighter than EPA's ultimate proposal.

The influence of OVP in these three recent rulemakings marks a recent trend in the Bush administration. According to information posted on the OMB website, OIRA has held more than 540 regulatory review meetings since February 2002. A representative from OVP has been present at only 11, about two percent. However, eight of those 11 meetings have occurred since February, including the four meetings on the DHS chemical security rule.

Based on the meetings a representative from OVP has attended, Cheney is focusing his attention on environmental and homeland security rules. The 11 meetings pertained to eight separate rulemakings, four of which were for EPA rules, and three of which were for DHS rules. The rulemakings are also those expected to have a significant impact on the economy, as the regulations on greenhouse gas emissions, chemical security and ozone likely will.

The recent surge in involvement of representatives from OVP harkens back to the presidencies of George H.W. Bush and Ronald Reagan, both of whom formed regulatory review panels headed by their respective vice presidents, with the intent of undermining public health and safety regulations. Reagan formed the Task Force on Regulatory Relief, headed by then-Vice President Bush, and Bush formed the Council on Competitiveness, headed by Vice President Dan Quayle.

Those panels operated similarly to the current groups of OMB, OVP and agency officials that meet with industry representatives. However, the Quayle Council became more involved in review of individual rules. For example, in 1991, the Quayle Council responded to industry requests by manipulating EPA's program for granting permits under the Clean Air Act, easing requirements for polluters. At the time, Rep. Henry Waxman (D-CA) said, "There is unmistakable evidence that White House officials, spearheaded by Vice President Dan Quayle … are working with industry to undermine implementations of the new clean air law."

Today, critics levy similar charges that the White House weakens regulations at the behest of industry. Furthermore, both panels operated behind closed doors, disclosing little information to the public, much like current regulatory review meetings.

Under President Clinton, the role of the Quayle Council was quickly quashed. On the first day of office, Clinton terminated the Council and indicated that all reviews would be conducted by OIRA, not the vice president's office. A few months after that, Clinton issued Executive Order 12866, which set out a new process for the White House review of regulations. While E.O. 12866 still named the vice president as the arbitrator between OIRA and agency conflicts, it was clear that the reviews — and any meetings related to regulations under review with non-governmental entities — would be carried out by senior OIRA officials.

President George W. Bush ended the formal involvement of the vice president in the regulatory review process. In February 2002, Bush amended E.O. 12866 to remove most mentions of the vice president and further reduced the office's role in federal rulemaking. However, the pendulum now seems to be swinging back toward greater involvement of the vice president.