This morning, CPR President Rena Steinzor testifies before the House Committee on Small Business's Subcommittee on Investigations, Oversight and Regulations. From the witness list, it would appear that this'll be another in a series of hearings structured by House Republicans to inveigh against the regulations that protect Americans from a variety of hazards in the air we breathe, water we drink, places we work, products we buy, food we eat, and more.
If history is any guide, most of the testimony and discussion will focus not on how best to protect Americans from such problems, but on the costs to small business of doing so. Steinzor is the lone witness permitted to the minority party -- the Democrats, that is -- and as such, could well be the only person who mentions the benefits of regulation. Study after study has demonstrated that the economic benefits of regulation vastly exceed the economic costs. Indeed, before a significant regulation can be finalized, the regulatory agencies must conduct an extensive cost-benefit analysis to be certain that the benefits of the rule exceed the costs. That process is not without flaws: Typically it is slanted to overstate the costs and understate the benefits, and it focuses on economic benefits, ignoring those that cannot be readily expressed in dollar terms. But it's the process this and previous administrations have relied upon. For years, opponents of regulation took the line that we needed to be sure benefits, so measured, outweigh costs. They got what they wanted, but can't take "yes" for an answer, so now they simply rail against costs, and ignore the benefits.
Steinzor will remind them of what those safeguards bring us in terms of lives saved, workdays not lost, health care dollars not spent, ecosystems preserved, and more.
She'll do one other thing, as well. The lead witness this morning will be Winslow Sargeant, who runs the Small Business Administration's Office of Advocacy. CPR's Sidney Shapiro and James Goodwin recently published a white paper examining the Office's role in the regulatory process (Distorting the Interests of Small Business: How the Small Business Administration Office of Advocacy’s Politicization of Small Business Concerns Undermines Public Health and Safety). The report documents the ways that the Office of Advocacy has focused simply on opposing needed regulatory safeguards for health, safety and the environment, rather than on finding ways to make sure that small businesses can comply with such standards or on finding ways to tailor regulations to the needs of small business. They conclude that the Office of Advocacy is increasingly a taxpayer-funded anti-regulatory lobbying outfit that works hand-in-glove with big business and its special interest lobbyists.
That shortchanges small businesses across the nation -- businesses that do indeed have needs that differ from those of large businesses -- and it's a poor use of precious taxpayer dollars. Accordingly, Steinzor will urge the committee to move for an investigation of the Office of Advocacy by the Government Accountability Office (GAO). Steinzor summarizes her remarks for the subcommittee thusly:
She may be a lone voice at the witness table, but she'll be a strong one.
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Matthew Freeman | March 14, 2013
This morning, CPR President Rena Steinzor testifies before the House Committee on Small Business's Subcommittee on Investigations, Oversight and Regulations. From the witness list, it would appear that this'll be another in a series of hearings structured by House Republicans to inveigh against the regulations that protect Americans from a variety of hazards in the air […]
Ben Somberg | March 13, 2013
A quick update on the OIRA leadership front: Dominic Mancini has been named the Deputy Administrator of OIRA, and now “leads” the office from this position, an OMB spokesperson says via email (The Hill was up with this news a bit earlier today). Boris Bershteyn’s appointment as Acting Administrator has ended, the spokesperson said. Bershteyn […]
John Echeverria | March 13, 2013
Next Wednesday, the Supreme Court will hear oral argument in the case of Horne v. U.S. Department of Agriculture – a complicated and relatively little-noticed case that could have important implications for the direction of “takings” doctrine and, in turn, for how far judges wielding this doctrine may intrude upon the policy-making functions of the elected […]
Thomas McGarity | March 12, 2013
Next Tuesday, the Supreme Court will hear oral arguments in Mutual Pharmaceutical Co. v. Bartlett, a case that raises once again the troubling question of whether federal regulatory agencies should trump local juries in common law tort actions. The precise question at issue is whether the fact that the federal Food and Drug Administration (FDA) […]
Ben Somberg | March 11, 2013
Last week Rena Steinzor wrote here that the Acting Administrator of the Office of Information and Regulatory Affairs (OIRA), Boris Bershteyn, was approaching a time limit under the Federal Vacancies Reform Act. That law stipulates that a temporary appointee in a Senate-confirmed position can generally serve for no more than 210 days, unless a nomination […]
Michael Patoka | March 8, 2013
A report released yesterday by the Southern Poverty Law Center (SPLC) and the Alabama Appleseed Center for Law and Justice offers a devastating glimpse into the world of Alabama poultry workers. Forced to hang, fold, gut, or slice more than 100 carcasses each minute, these workers suffer injuries at astounding rates: of the 302 workers […]
Rena Steinzor | March 4, 2013
It has now been nearly seven months since Cass Sunstein left his job as Administrator of the White House Office of Information and Regulatory Affairs (OIRA). Much has happened in that time, most significantly an election that returned President Obama to the White House, but also a growing recognition that whatever second-term accomplishments the President […]
Joseph Tomain | March 1, 2013
As we consider designing a future clean energy policy, nuclear power cannot be ignored because of its near zero carbon emissions even when considering the entire nuclear fuel cycle. It is also the case that public opinion of nuclear power has been increasingly positive, largely for those environmental reasons, though certainly it decreased after the accident […]
Ben Somberg | February 28, 2013
CPR Member Scholar Robert L. Glicksman will testify at a hearing this morning of the House Judiciary Committee’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law. The hearing will promote the notion of “The Obama Administration’s Regulatory War on Jobs, the Economy, and America’s Global Competitiveness” (sounds awfully familiar), and the solution, the majority will […]