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	Press Releases October 22, 2003   LIEBERMAN, DURBIN: GAO STUDY SHOWS FEDERAL REGULATORY PROCESS STILL NOT OPEN TO THE PUBLIC Senators Call on Bush Administration to Follow GAO Recommendations to Ensure Transparency in Federal Rulemaking   WASHINGTON – Senators Dick Durbin (D-IL) and Joe Lieberman (D-CT) today released a study that shows that the process used by the Office of Management and Budget (OMB) to review and modify federal regulations is not well-documented or sufficiently accessible to the public. The study, which was performed by the non-partisan U.S. General Accounting Office (GAO) found that OMB's regulatory operations are often hidden and are susceptible to pressure from special interest groups despite a ten-year-old policy designed to improve the regulatory process. The GAO highlighted a number of key areas where the Bush administration continues to resist transparency in the regulatory review process. These include changes to regulations advocated by OMB during the "informal review" period; inadequate public disclosure of OMB's communication with outside parties as federal policy is being finalized; and insufficient public access to documents exchanged between OMB and federal agencies during review by OMB’s Office of Information and Regulatory Affairs (OIRA). “Access to information about the regulatory review process is crucial to the public's understanding of how and when federal regulatory policies evolve from draft regulations to final rules,” Durbin said. “According to the GAO, there are several cases where significant changes were made to a federal regulation between the time it was presented to OMB in draft form and its final implementation. The Environmental Protection Agency (EPA) saw its rules significantly changed more than any other agency, but these unaccountable changes occurred in all of the agencies studied by the GAO. This is a participatory democracy and the federal regulatory process should be open to the public; sadly this report shows that this Administration still prefers to operate behind closed doors.” “This GAO report tells us that OMB's regulatory process is often the opposite of open and transparent,” said Lieberman, the Senate Governmental Affairs Committee Ranking Member. “In fact, it appears the most important part of OMB's review is veiled in secrecy. OMB's aggressive role in changing EPA's regulations is especially troubling, although not surprising, given the Administration's bias toward polluters.” Durbin and Lieberman noted that in its report, GAO recommends several improvements in the transparency of the review process at OIRA, including the documentation of substantive changes to federal rules made during either the informal or formal review period. GAO also recommends the Administration make more information available to the public and post it in a form that is more easily understood. Both senators urged the Bush Administration to implement the recommendations made in the GAO study. “This report shows that nearly 30 % of the time, political operatives at OMB made last minute changes to federal rules that were previously developed by policy experts with public input. It also shows that in more than 10 % of the cases, outside special interest groups have more behind the scenes access and more influence on making federal policy than is appropriate,” said Durbin. “I would tell those who are tempted to look at this report and declare victory because the federal regulatory process has gotten better and is less secretive to hold off on popping any champagne corks right now. Today’s GAO report shows that we still have a long way to go before the system works properly. ” The GAO report entitled “OMB's Role in Reviews of Agencies' Draft Rules and the Transparency of Those Reviews” (GAO-03-929) can be accessed via the link below.   ###   Printable Version   Related File(s) (pdf) GAO Report (7.0 MBs) « previous Press Release next Press Release »   1998 - 1999 - 2000 - 2001 - 2002 - 2003 - 2004 - 2005 - 2006 - 2007 October 2003 Press Releases September   |  November   --   2002   |  2004     October 31 - McCain, Reed, DeWine, Lieberman to Offer Gun Show Background Check Amendment to Gun Immunity Bill   October 30 - Dodd, Lieberman Announce Grants for Connecticut Fire Fighters   October 30 - Lieberman Condemns Bush Administration Plan to Open Wilderness-like Lands to Oil and Gas Industry   October 29 - Lieberman Queries DHS on Insecurity of Plum Island   October 28 - Senators Question Weaknesses in Border Protection, Especially Risk Assessment of Cargo   October 27 - Lieberman Mourns District's First Elected Mayor   October 24 - Lieberman Seeks Investigation of Ricin Response   October 24 - Senators Seek Investigation of Impact of CIA Agent's Exposure   October 23 - Barbara Kennelly Post Office in Hartford Approved by Committee   October 22 - D.C. Should Have More Control Over Its Own Money   October 22 - Senators Question Excessive Reliance on Consultants for Proposed Outsourcing of Immigration Information Officers   October 22 current Press Release   October 21 - Federal Electronic Rulemaking Progresses, But More Work is Needed   October 17 - DOD Privacy Protections Questioned by Bipartisan Trio Collection of JetBlue Passenger Information May Have Violated the Law   October 17 - Lieberman to White House: Speed Up Document Production for September 11th Commission   October 15 - Democrats Seek Security Training for Flight Crews   October 15 - Lieberman Reacts to 9/11 Commission Decision to Subpoena Administration for Documents   October 14 - Lieberman Pushes for Bio-Terror Preparedness on Second Anniversary of Senate Anthrax Attack   October 10 - Lieberman Says DHS and Department of Education Should Work to Prepare Schools for Terrorist Attacks   October 10 - Lieberman Questions Administration Commitment to Clean Air Litigation   October 8 - Lieberman, Jeffords Seek Plans for Protection of Water, Other Vital Services   October 8 - Lieberman, Dodd Announce Grants for Connecticut Fire Fighters   October 3 - Sunshine for Iraqi Reconstruction Projects Included in Iraqi Spending Bill   October 3 - Lieberman, Levin Introduce Improved Independent Counsel Law   October 2 - Administration Preparing to Let Air Polluters Off Hook
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