Bush May Exacerbate Deficiencies in Regulation

In a new report, OMB Watch speculates on what might occur under the Bush Administration. In addition to a regulatory moratorium, the report highlights a number of other consequences, including a rollback of protections for health, safety, and the environment, elevated costs in the rulemaking process, and OMB's more aggressive role in rejecting agency rules.

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OIRA Transparency Improves as Action Increases

Important health, safety, and environmental regulations have been under attack since the beginning of the Bush administration. Upon taking office last January, President Bush halted all regulatory actions in progress and began to roll back a slew of regulations implemented at the end of the Clinton administration. This included protections for ergonomics hazards in the workplace, standards for hard rock mining, and a ban on building new roads through national parks, just to name a few.

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Graham Reasserts White House Regulatory Review

Before Christine Todd Whitman can issue a new standard protecting against arsenic in drinking water, she must get his approval. Ditto if Tommy Thompson wants to collect information on nursing home performance. Or if Ann Veneman wants to require new testing for listeria in meat products. In fact, no health, safety, or environmental standard is beyond his reach.

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States Slack Off on Environmental Enforcement

In Baytown, Texas, there sits an Exxon Mobil oil refinery -- the nation's largest -- with one pitiful environmental record. As documented in this report from the SEED Coalition, the plant has repeatedly violated state and federal laws -- frequently releasing large volumes of pollution on an unsuspecting public without reporting plant problems to the proper authorities. Over the last several years, the refinery has been guilty of dozens of incidents resulting in excessive emissions.

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Industry Groups Compile Hit List for Administration

Here is a list of the 57 Information Collection Requests that were referenced in this Washington Post article on Tuesday, December 4. As described in the article, Barbara Kahlow, a Republican congressional aide for Rep. Doug Ose (R-CA), who chairs the House Subcommittee on Regulatory Affairs, convened key lobbyists to identify and rank regulations with associated paperwork that business groups find overly burdensome. According to Kahlow, this happened at the request of John Graham, administrator of OMB's Office of Information and Regulatory Affairs (OIRA).

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Beating Around the Bushes

One year after President Bush's election, his administration is still slowly starting to take shape. Many vacancies remain, as pointed out by this Brookings Institution project; there are still 159 confirmations left to go out of a total of 508 positions. Yet from the president's nominees so far, the direction he is taking is clear. As described below, federal agencies are becoming littered with former industry lobbyists -- who must now be counted on to regulate their former employers -- and others who have spent their lives questioning the very existence of the agencies they now represent.

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OMB Reg Reviews at a Standstill; Paperwork Reviews Continue Apace

Under E.O. 12866, OMB’s Office of Information and Regulatory Affairs (OIRA) reviews all major proposed and final rules, as well as other designated rules, to determine whether the agency proposal is consistent with administration policies and priorities. In addition to regulatory review, OIRA reviews all information collected by agencies from 10 or more people, including paperwork required by regulations. This paperwork review, required under the Paperwork Reduction Act, is to be done by OIRA within 90 days of receipt and gives OIRA the power to approve or disapprove the paperwork.

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Administration Pushes Regulatory Implementation Of Charitable Choice

"It is not Congress, but these overly restrictive Agency rules that are repressive, restrictive... [They] unnecessarily and improperly limit the participation of faith-based organizations." This statement, taken from the August White House report on barriers faith-based and community organizations face in applying for federal grants, appeared to lay the groundwork for regulatory, rather than legislative, changes to achieve the "charitable choice" component of the President's faith-based agenda.

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Administration Kills Contractor Responsibility Rule

Two days after Christmas, with no one around to object, the Bush administration quietly revoked a Clinton-era rule that promotes greater accountability for federal contractors -- to make sure they comply with important public protections. Specifically, this contractor responsibility standard instructed government contracting officers to look at a bidding company's compliance with the law (including tax laws, labor laws, employment laws, environmental laws, antitrust laws and consumer protection laws) before awarding taxpayer dollars.

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OMB Identifies Regulations for Repeal

As part of its annual report to Congress on the costs and benefits of federal regulation, released last week, the Office of Management and Budget (OMB) published a list of 23 "high priority" regulations it believes should be rescinded or revised. Many of these regulations are health, safety, and environmental standards, including major clean air and water standards (e.g., New

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