Congressional Democrats Investigate Strategies To Roll Back Bush Administration 'Midnight' Rules

Main Category: Women's Health / Gynecology
Also Included In: Abortion;  Sexual Health / STDs;  Primary Care / General Practice
Article Date: 13 Jan 2009 - 3:00 PDT

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Congressional Democrats are working to overturn regulations made in the final weeks of the Bush administration, including the HHS provider "conscience" rule and several regulations that reduce environmental protections, the New York Times reports (Savage, New York Times, 1/12). The conscience rule, which will take effect before President-elect Obama takes office, significantly expands the ability of health care professionals who receive federal grants to refuse to provide medical information and services they object to on moral or religious grounds (Daily Women's Health Policy Report, 1/5). The Times reports that Democrats' control of both Congress and the White House gives them a "far greater opportunity" than past incoming administrations to rescind regulations made in the final months of the previous administration's term. Spokespeople for House Speaker Nancy Pelosi (D-Calif.) and the Senate Majority Leader Harry Reid (D-Nev.) said the congressional leaders have a desire to overturn some of the regulations but were waiting for guidance from the Obama administration before they adopt a specific strategy. Gregory Craig, incoming White House counsel for Obama, in a statement said that the Obama team was in the process of reviewing "these new regulations that are being issued during the final days" of the Bush administration and "will take appropriate steps to address any concerns in a timely manner."

Possible strategies for changing or overturning the newly enacted regulations include attaching amendments rescinding the rules to the upcoming stimulus package, which is considered "must-pass" legislation. However, the legislation could be blocked by a Republican filibuster, and Obama has also said he wants a smooth process in terms of the stimulus package, the Times reports. A second legislative mechanism the Democrats are considering is the Congressional Review Act of 1996, which expedites procedures for rescinding regulations and can only be used for a few months after a rule is enacted. Although the Bush administration imposed early deadlines on final drafts of regulations, Congress could use the Review Act to target any rule dating to mid-2008, according to Veronique de Rugy, a senior research fellow at the Mercatus Center at George Mason University. However, the Congressional Review Act requires that a separate resolution is filed, debated and voted on for each rule, which would be a time-consuming process.

Meanwhile, Rep. Jerold Nadler (D-N.Y.) has introduced a bill, called the Midnight Rule Act, that would give incoming cabinet secretaries more power to rewrite regulations issued during the final three months of the previous administration. Nadler said the Midnight Rule Act would "give President-elect Barack Obama the ability to quickly reverse the policies and undo these last, right-wing gasps of the Bush administration." Sen. Ron Wyden (D-Ore.) -- who chairs a natural resources subcommittee focusing on newly issued environmental rules -- said, "Congress is going to have to roll up its sleeves and review these midnight regulations, because it's clear that they are part of a desire for the administration, as it heads out the door, to put some ideological trophies on the wall" (Savage, New York Times, 1/12).

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