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SENATOR GLENN, I WANT TO FIRST THANK YOU FOR PROVIDING ME

THE OPPORTUNITY TO APPEAR BEFORE YOU AND THE COMMITTEE AND TO

APPLAUD YOUR LEADERSHIP ON THIS VERY IMPORTANT ISSUE. I BELIEVE THAT THE REAUTHORIZATION OF THE PAPERWORK REDUCTION ACT PROVIDES A UNIQUE OPPORTUNITY TO REDUCE ONE OF THE SERIOUS ABUSES IN

GOVERNMENT

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THE OVERZEALOUS "REGULATORY REVIEW" ACTIVITIES OF

OMB'S OFFICE OF INFORMATION AND REGULATORY AFFAIRS (OIRA).

I ALSO WANT TO ACKNOWLEDGE THE IMPORTANT LEADERSHIP OF

SENATOR BINGAMAN, BOTH FOR HIS AUTHORSHIP OF THE LEGISLATION NOW

UNDER CONSIDERATION BY THIS COMMITTEE, AND FOR HIS RECOGNITION OF

THE PROBLEM WHICH BRINGS ME HERE, TODAY, THE NEED FOR A STRONG

"REGULATORY REVIEW" PROVISION IN THIS BILL.

I BELIEVE THAT A LEGISLATIVE SOLUTION IS DESPERATELY NEEDED

TO MAKE OMB MORE ACCOUNTABLE TO CONGRESS AND THE PUBLIC, AND I

HAVE THUS INTRODUCED LEGISLATION IN THE HOUSE TO ACCOMPLISH THAT

GOAL. I WILL SUBMIT A COPY OF MY BILL, H.R. 3314, FOR THE

RECORD.

THE HOUSE SUBCOMMITTEE ON HUMAN RESOURCES AND

INTERGOVERNMENTAL RELATIONS, WHICH I HAVE THE PRIVILEGE TO CHAIR, HAS DOCUMENTED NUMEROUS INSTANCES WHERE OMB HAS INTERFERED WITH THE DECISIONMAKING PROCESS IN AREAS SUCH AS FOOD SAFETY, THE DRUG APPROVAL PROCESS, FOOD LABELING, AND WORKPLACE SAFETY.

MY SUBCOMMITTEE IS NOT ALONE IN REVEALING OMB'S TAMPERING

WITH THE REGULATORY PROCESS. A LIST OF CASES OF OMB MEDDLING

WITH THE ACTIONS OF THE ENVIRONMENTAL PROTECTION AGENCY, THE

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, AND OTHER HEALTH AND SAFETY AGENCIES CAN BE OBTAINED FROM A VARIETY OF COMMITTEES

AND SUBCOMMITTEES IN THE HOUSE AND THE SENATE.

CONGRESS HAS PASSED HEALTH AND SAFETY LAWS, AND DELEGATED

IMPLEMENTATION OF THOSE LAWS ONLY TO THE SPECIFIC AGENCIES WITH

EXPERTISE IN THE RELEVANT SUBJECT MATTER. OMB HAS NO STATUTORY

RIGHT TO ALTER THE DECISIONS OF THE AGENCIES EMPOWERED BY

CONGRESS TO PROTECT THE PUBLIC'S HEALTH. IN MY VIEW, OMB'S so

CALLED "REGULATORY REVIEW" ACTIVITIES OVER THE LAST EIGHT YEARS

ARE ALMOST CERTAINLY ILLEGAL.

PERHAPS THE MOST TROUBLING ASPECT OF OMB'S REVIEW OF

REGULATIONS IS THE MANNER IN WHICH IT TAKES PLACE. BEHIND CLOSED

DOORS, NAMELESS AND FACELESS OMB EMPLOYEES

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USING THE POWERS

GRANTED THEM NOT BY STATUTE, BUT BY EXECUTIVE ORDER

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FORCED EXPERT AGENCIES LIKE THE FOOD AND DRUG ADMINISTRATION TO

ALTER REGULATIONS. OFTEN THESE ORDERS ARE ISSUED OVER THE PHONE,

WITH NO DOCUMENTATION OF THE COMMUNICATION.

LET ME BRIEFLY DESCRIBE A FEW CASES OF OMB INTERFERENCE THAT

MY SUBCOMMITTEE HAS UNCOVERED:

COLOR ADDITIVES

THE FIRST CASE INVOLVES THE REGULATION OF COLOR ADDITIVES.

IN 1982, FDA WAS PREPARED TO BAN SIX DIFFERENT COLOR ADDITIVES

BECAUSE AGENCY SCIENTISTS DETERMINED THAT THE ADDITIVES CAUSED

CANCER IN ANIMALS.

UNDER A PROVISION OF THE FOOD, DRUG, AND

COSMETIC ACT KNOWN AS THE DELANEY CLAUSE, CARCINOGENIC ADDITIVES

MUST BE BANNED.

AT THE URGING OF COLOR ADDITIVE MANUFACTURERS, OMB HELD

NUMEROUS MEETINGS WITH OFFICIALS OF FDA AND THE DEPARTMENT OF

HEALTH AND HUMAN SERVICES IN AN ATTEMPT TO PREVENT SOME OR ALL OF

THE DYES FROM BEING BANNED. IN A REPORT THAT WAS UNANIMOUSLY

APPROVED BY OUR FULL COMMITTEE, WE FOUND THAT:

OMB'S EFFORTS TO INFLUENCE THE DEPARTMENT'S REGULATIONS
OF COLOR ADDITIVES FOUND TO BE ANIMAL CARCINOGENS
INTERFERED WITH SCIENTIFIC, PUBLIC HEALTH DECISIONS
THAT CONGRESS EXPECTED THE DEPARTMENT AND ITS EXPERTS
TO MAKE.

(HHS' FAILURE TO ENFORCE_THE_FOOD, DRUG, AND COSMETIC ACT: THE CASE OF CANCER-CAUSING COLOR ADDITIVES, H. REP. 99-151, 99TH

CONG., 1ST SESS., JUNE 3, 1985, P. 63.)

REGULATION OF THE USE AND SALE OF EXPERIMENTAL DRUGS

MY SECOND CASE CONCERNS THE ALTERATION OF A PROPOSED

REGULATION DESIGNED TO EASE RESTRICTIONS ON THE USE AND SALE OF

IN A 1987 HEARING, OUR SUBCOMMITTEE REVEALED THAT, AT OMB'S

INSISTENCE, THE PROPOSED STANDARD OF APPROVAL FOR EXPERIMENTAL

DRUGS TO TREAT "LIFE-THREATENING" ILLNESSES WAS DRASTICALLY

ALTERED.

(FDA PROPOSALS TO EASE RESTRICTIONS ON THE USE AND SALE

OF EXPERIMENTAL DRUGS, 100TH CONG., 1ST SESS., APRIL 29, 1987.) PRIOR TO OMB'S INVOLVEMENT, FDA PROPOSED THAT DRUG SPONSORS BORE

THE BURDEN OF DEMONSTRATING THAT A DRUG'S BENEFITS OUTWEIGHED ITS

RISKS, AND THAT SUFFICIENT EVIDENCE OF SAFETY AND EFFICACY

EXISTED.

HOWEVER, OMB ORDERED THAT FDA'S PROPOSED STANDARD BE

CHANGED. A NEW PROPOSAL REMOVED THE LANGUAGE REQUIRING

SUFFICIENT EVIDENCE OF SAFETY AND EFFICACY. INSTEAD, OMB PLACED

THE BURDEN ON FDA TO PROVE THAT THE RISKS POSED BY A DRUG WERE

"UNREASONABLE" BEFORE THE AGENCY COULD REJECT AN APPLICATION.

THIS CASE WAS ALL THE MORE TROUBLING BECAUSE THERE WAS NO

DOCUMENTATION TO IDENTIFY WHICH OMB EMPLOYEES WERE RESPONSIBLE

FOR REJECTING AN FDA PROPOSAL THAT SUFFICIENT EVIDENCE OF A

DRUG'S SAFETY AND EFFICACY BE REQUIRED AS A CONDITION FOR

APPROVING AN EXPERIMENTAL DRUG. OMB WAS SIMPLY ACTING IN THE

VIDEO DISPLAY TERMINALS

MY LAST EXAMPLE INVOLVES VIDEO DISPLAY TERMINALS.

IN 1982,

THE NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH) STARTED PLANNING A STUDY OF THE POSSIBLE HAZARDS OF VIDEO DISPLAY

TERMINALS (VDTS) ON PREGNANT WOMEN, IN RESPONSE TO REPORTS OF

BIRTH DEFECTS, MISCARRIAGES, STILLBIRTHS, AND OTHER REPRODUCTIVE IN 1985, THE STUDY DESIGN WAS COMPLETED, BUT OMB

PROBLEMS.

REFUSED TO APPROVE IT.

OMB HAD NO SCIENTIFIC STAFF TO REVIEW THE PROPOSED STUDY, SO

ITS CRITICISMS WERE BASED IN LARGE PART ON REVIEWS CONDUCTED BY

TWO INDUSTRY CONSULTANTS. NIOSH REVISED THE STUDY AND TRIED TO

ANSWER THE CONCERNS RAISED BY OMB. IN JUNE 1986, OMB APPROVED

THE STUDY, UNDER THE CONDITION THAT NIOSH DELETE 69 QUESTIONS

ABOUT STRESS AT WORK AND FERTILITY. THIS REPRESENTED

APPROXIMATELY ONE-THIRD OF THE STUDY.

SCIENTISTS AT NIOSH AND THE OFFICE OF TECHNOLOGY ASSESSMENT

STATED THAT THE REVISIONS WOULD SERIOUSLY WEAKEN THE STUDY.

NEVERTHELESS, OMB INSISTED THAT ITS REVISIONS BE INCORPORATED.
IN SO DOING, OMB IGNORED THE RECOMMENDATIONS IN OUR REPORT
(OCCUPATIONAL HEALTH HAZARD SURVEILLANCE: 72 YEARS BEHIND AND
COUNTING, H. REP. 99-979, 99TH CONG., 2D SESS., OCTOBER 8, 1986),

AND NUMEROUS OTHER OBJECTIONS TO THE OMB REVISIONS.

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