It is not only former White House employees who are declining invitations to appear before Congress. Battles on similar fronts are occurring on the labor and employment fields. There are two primary battles. One involving a secret regulation issued by the Department of Labor
The second one reported here - concerns the Pension Benefit Guaranty Corporation (PBGC). After a very negative report from the Government Accountability Office (GAO), Rep. Miller demanded that the PBGC turn over documents related to that GAO report. So far PBGC has not provided the documents. PBGC says that it will comply but first it has to get a report from its consultant.
crossposted from unbossed
One of the ways the Bush administration has destroyed worker rights is by issuing stealth regulations that nullify the enforcement of laws and agency regulations. You can find information on past attempts here
and here
and here
and here
and here
and here
and here and so many more examples
On July 10, 2008, Congressman Miller requested information on a secret regulatory rule that would essentially require analyses of new regulations that would derail and delay rules that would promote enforcement of worker rights and the jobs agencies are required to do by law.
Apparently these new rules have been developed through meetings with outside groups. Miller would like to know about the process and who was consulted, but so far Secretary of Labor Chao is stonewalling.
Here is the letter sent to Secretary Chao on July 10.
You can read the July 17 response from the Department of Labor here.
And with no responsive response, here are the documents and press releases to date as this battle rages on.
Wednesday, July 23, 2008
Chairmen Miller, Kennedy Demand Labor Department Withdraw ‘Secret Rule’
Lawmakers also seek communications with outside special interests and other documents relating to proposed rule
WASHINGTON – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, and U.S. Sen. Edward M. Kennedy (D-MA), chairman of the Senate Health, Education, Labor and Pensions Committee, today called on U.S. Secretary of Labor Elaine Chao to withdraw a last minute rule proposed by U.S. Department of Labor that could dramatically slow the enactment of future health and safety regulations that protect American workers.
The chairmen are also seeking documents relating to meetings and communications with outside groups regarding the development of the rule.
"This secret regulation is an attempt by the Bush administration and the business community to fundamentally weaken the scientific process for enacting new regulations that protect American workers," said Miller. "For nearly eight years, this administration has consistently failed to respond in a meaningful way to the real health and safety threats workers face while on the job. But, now they will stop at nothing to rush through a secret rule that will tie the hands of health and safety experts when responding to our nation’s critical health and safety threats."
"Senator Kennedy strongly opposes this move," said Anthony Coley, a spokesperson for Sen. Kennedy. "It’s outrageous that after spending seven and a half years refusing to respond to known workplace hazards, the Bush administration is now rushing to make it more difficult to protect workers from these dangers. It’s just the latest example of the Bush administration’s anti-worker, anti-science bias. America’s working men and women deserve far better."
Miller and Kennedy first requested information regarding the proposed rule on July 10, when it was revealed that the department was working on a last-minute change to the regulatory process that would significantly inhibit the implementation of vital health and safety regulations.
***
The Honorable Elaine L. Chao
Secretary of Labor
U.S. Department of Labor
200 Constitution Avenue, NW
Room S-2018
Washington, DC 20210
Dear Secretary Chao:
We are deeply disappointed that the Department of Labor is working to slip through a rule that may have a profound negative impact on the health and safety of American workers. It is equally disturbing, according to today’s Washington Post, that the Department is moving this proposal over the objections of career staff in the relevant health and safety agencies. Such career staff have the objective, technical expertise and experience to fully understand the proposal’s implications for workers.
We therefore ask that the Department immediately withdraw the proposal entitled Requirements for DOL Agencies’ Assessment of Occupational Health Risks (RIN: 1290-AA23).
There are long-established directives to ensure that the Administration acts in a transparent manner so that the public has the time and ability to properly consider all proposals. It appears that the Department may be violating those rules.
We are likewise concerned that the Department would seek a rule change in near total secrecy to this point – a change that will have a detrimental impact on the health and safety of American workers. We reiterate our interest in receiving the text of the proposed rule and respectfully remind you of our Constitutional prerogative and obligation to oversee the Department’s regulatory actions. In addition, we request that the Department provide the following documents and information to the Committee no later than July 29th, 2008:
1. A list of all meetings concerning the development of this proposed regulation at which anyone not employed by the Department attended, including the dates of any such meetings, the names of those attending the meetings, and the agenda and minutes of those meetings.
2. All documents related to the development of this regulatory proposal.
3. A list of all oral communications, telephonic, electronic, in-person or otherwise, with external parties relating to the development of this proposed regulation, including the date of each such communications and the names of the individuals involved.
Please direct any questions about this request to Jordan Barab, Senior Labor Policy Advisor, House Education and Labor Committee at (202) XXX-XXXX, or Sharon Block, Labor and Employment Counsel or Portia Wu, Chief Labor and Pensions Counsel, Senate Health, Education, Labor and Pensions Committee staff at (202) XXX-XXXX. We look forward to your prompt response to this request.
Sincerely,
George Miller, Chairman
And the most recent of the requests.
Thursday, July 31, 2008
House Democrats Introduce Legislation to Stop Labor Department’s ‘Secret Rule’
WASHINGTON, DC -- U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, along with other House Democrats, introduced legislation last night to prevent the Department of Labor from finalizing a last minute rule that could dramatically weaken future workplace health and safety regulations and slow their enactment.
The "Prohibiting the Department of Labor’s Secret Rule Act" (H.R. 6660) will forbid the Department of Labor from issuing, administering or enforcing any rule, regulation, or requirement derived from the proposal submitted to the Office of Management and Budget on July 7.
"Congress will not stand for any backdoor effort by the political appointees to further cripple our nation’s ability to respond to vital health and safety concerns," said Miller. "This entire effort is the product of a flawed, politicized process that has failed to properly consider the views of experts or the consequences for workplace health."
Miller and U.S. Sen. Edward M. Kennedy (D-MA) first requested information regarding the draft rule on July 10, when it was revealed that the department was working on a last-minute change to the regulatory process that may significantly inhibit the implementation of critical health and safety regulations.
On July 23, Miller and Kennedy requested that the Department withdraw the rule.
No doubt about it, there will be more anon.