Yesterday, two House subcommittees held back-to-back oversight hearings investigating President Bush's recent amendments to Executive Order 12866 — Regulatory Planning and Review.
The first hearing, held by the House Science and Technology Committee subcommittee on Investigations and Oversight, delved into the specific impacts of the amendments.
- OMB Watch's own Rick Melberth framed the amendments as the next step in a disturbing trend where the White House has adopted tools to delay regulation.
- Rep. Brian Baird (D-WA) wondered how the marketplace incentivized certain protections.
- Witness and former OIRA administrator Sally Katzen criticized the administration for exerting influence over agency guidance documents.
- And subcommittee Chair Brad Miller (D-NC) chastised the influence of the Presidential appointees who will serve as Regulatory Policy Officers:
If an RPO makes the wrong decision for the wrong reason, we're not going to know about it.
Rep. James Sensenbrenner (R-WI), the ranking member on the subcommittee, exhibited a lack of understanding of the issue at large. He claimed the amendments do not require "additional hurdles to be overcome" and he muddled the separate issues of market failures and cost-benefit analyses. He left abruptly in the middle of the hearing.
The second hearing, held by the House Judiciary Committee subcommittee on Commercial and Administrative Law, focused on action Congress could take. Committee Chair John Conyers (D-MI) and subcommittee Chair Linda Sanchez (D-CA) both asked witnesses what Congress could do. While Columbia University law professor Peter Strauss admitted Congress's options are limited, Curtis Copeland from the Congressional Research Service pointed out that Congress may declare that Executive Orders not hold any legal sway. Rep. William Delahunt (D-MA) is ready to "wage war" on the "institutional combat" against the legislative branch.
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