The Big Business attack on public safeguards will get a little more intense in the coming days, when the House votes on a couple of particularly treacherous deregulatory bills aimed at dumping a barrel of molasses into the rulemaking process.
In this space I’ve previously written about the REINS Act, the bill that would require congressional approval of all major rules within 70 days. This ludicrous provision (as if Congress can get anything done in 70 days) is designed to prevent any rules from seeing the light of day. The other blunt object being used against public protections is the Regulatory Accountability Act (RAA), a cynical attempt by the supporters of Big Business to cripple the federal regulatory process. Both of these odious measures will be up for votes in the House soon.
The RAA is deceptively presented as a “reform” to the rulemaking process, but don’t be fooled. The bill would add more delays to an already exhaustive process and set an even higher bar than currently exists for issuing needed protections. In effect, the RAA would hamstring all rulemaking agencies and squander their resources, placing the American people in harm’s way.
A clarion call is being issued by the Coalition for Sensible Safeguards (of which Public Citizen plays a leading role) with its new paper, Impacts of the Regulatory Accountability Act: Overturning 65 Years of Law and Leaving Americans Less Protected. It’s a thorough look into the bill and it reveals several examples of how it would affect the rulemaking process. The RAA would:
• Make the “least costly” rule the default choice, instead of promoting the public good
• Super-mandate cost-benefit analysis even when it would be misapplied
• Shift to “formal” rulemaking processes that thwart appropriate give and take
• Eliminate hybrid rulemaking that is often the best approach
• Allow judicial review of all agency judgments, undermining scientific findings
Agencies already have had some ridiculous experiences with some of these procedures and Big Business has effectively used them to throw a monkey wrench into a proposed rule it didn’t like. A classic example of this is the Food and Drug Administration’s “peanut butter” rule, which was developed several decades ago.
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