Regulatory
Review Roundtable Runs Into Overtime
Ok. So, it’s a new Administration, a new
Congress, and new times for the small business legislative and regulatory
world. Congress is holding hearings on
the midnight regulations that went into effect at the end of President Bush’s
term. At the same time, President Obama issued a memorandum
on January 30 directing the Office of Management and Budget to take a fresh
look at EO 12866, “Regulatory Planning and Review,” which dates to the Clinton
era. Hmmm . . . Seems like the perfect time for a regulatory
reform roundtable to talk about EO 12866 and the Congressional Review Act (CRA). Who better to speak on a panel on 12866
than American University Professor Jeff Lubbers, who wrote the book on federal
agency rulemaking; Paul Noe, a former counsel to OMB’s Office of Information
and Regulatory Affairs; and Jim Tozzi, the former deputy administrator of
OMB? What a treat! Jeff provided a wonderful backdrop for the
discussion by explaining the history and purpose of 12866. Paul talked about what should change and
what should stay the same. And Jim talked about the small business implications
of 12866. Their opening statements were
followed by an energetic exchange of ideas by the panelists. It was so lively
that we went over time and still had some things left that could have been
discussed. How do you follow a show like that? Well,
it’s hard but our Congressional Review Act panelists rose to the occasion.
First, the Congressional Research Service’s regulatory expert, Curtis Copeland,
provided background information about the Congressional Review Act. Two
authorities from the House Small Business Committee gave some insight from the
standpoint of Congress—Barry Pineles, minority counsel, and Erik Lieberman,
majority regulatory counsel. It was a heady discussion on the current CRA and
some possible alternatives to it from the people who know it best. The 75-plus members of the audience
definitely had a lot to digest after that roundtable. I know I did. —Jennifer Smith, Assistant Chief Counsel |