House committee demands to know why FDA and BOEM aren’t complying with oversight requests
Reese Gorman
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EXCLUSIVE — The House Committee on Small Business sent a letter to the Bureau of Ocean Energy Management and the commissioner of the Food and Drug Administration questioning the agencies’ policy not to discuss proposed rules with Congress after they have both declined to answer questions put forward by the committee.
Earlier this year, as part of its investigation into how the agencies comply with the Regulatory Flexibility Act, the committee sent both agencies a letter asking them for a “deeper explanation” of recently proposed rules and what impact they would have on small businesses.
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Both agencies declined to elaborate on their proposed rule changes, citing agency policy.
In the new letters, the committee is requesting a copy of both agencies’ policies when it comes to sharing information with Congress as well as when the policies were implemented. They are also requesting the agencies’ policy for responding to congressional oversight requests for a proposed rule and a legal explanation as to why the agencies believe sharing information with Congress regarding proposed rules is not allowed.
“Denying the Committee the requested information prevents it from upholding and acting in furtherance of its legislative function, namely reviewing regulatory burdens imposed on small businesses by federal agencies and determining how they may be alleviated,” the committee said in its letter. “This includes the ability of this body to initiate investigations to inform itself about how existing laws function, whether new laws are necessary, and if old laws should be repealed or altered.”
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The committee asks that the agencies provide the requested information no later than Dec. 4.
“It is important for agencies to examine small businesses interests — which make up 99.9 percent of all businesses in the United States — when passing any new rule,” the letter reads. “America’s small businesses deserve to have their voices heard and considered.”