Public Protection Standards Have Dropped under Bush
by Matthew Madia, 3/31/2008
Some investigative journalism at the Federal Times shows just how little rulemaking federal agencies have engaged in during the Bush administration:
Many regulatory agencies have submitted fewer rules during the current Bush administration's two terms than during Bill Clinton's tenure, or even during George H.W. Bush's single term.
The Food Safety and Inspection Service (FSIS), for example, submitted 91 new rules to the Office of Management and Budget during the first President Bush's term, and 83 during the Clinton administration. But during the current administration, when U.S. meat and poultry production has increased by nearly 10 percent, FSIS has proposed just 16 new rules.
And that pattern has been mirrored at other agencies. Compared with the Clinton administration, rulemaking is down more than 50 percent at the Food and Drug Administration (FDA); down 57 percent at the Environmental Protection Agency; and down almost 20 percent at the Federal Aviation Administration.
The article ties the administration's anti-regulatory attitude to a host of health and safety scandals that have dominated headlines:
Failures by [FSIS] led to the nation's largest-ever beef recall. A wave of imported "toxic toys," containing everything from lead paint to the date-rape drug, spooked consumers during the holiday season. And high-profile industrial accidents, like the explosion at a sugar plant in Georgia last month, raised questions about the Occupational Safety and Health Administration's effectiveness.
It's hard to pinpoint why agencies are submitting fewer rules to OMB, but Reg•Watch has two theories. Maybe the delay and politicization associated with the OMB review process has created a chilling effect in federal agencies. OMB's constant efforts to dismiss scientific conclusions (i.e. EPA's recent ozone standard), or the stall tactics the office uses to delay action (i.e. the rule to protect the North Atlantic right whale), may have depressed expectations that public protection standards can quickly move through the regulatory gauntlet unscathed.
Another theory is that political appointees inside federal agencies are nipping regulations in the bud. Throughout his administration, Bush has installed men and women with close ties to the industries they regulate who may not look favorably upon rules they believe would hurt corporate bottom lines. Considering the lack of transparency in most federal agencies, it would be relatively easy for one of these officials to kill a proposed regulation before the public is notified.
Maybe it's both, maybe neither, but one thing is for sure: when the book is closed on the Bush administration, there will be a lot of catching up to do and countless messes to clean up.
