Two House Subcommittees Investigate Bush's Executive Order for Political Appointee Oversight on Government Agencies

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Last month, President Bush issued Executive Order 13422, which requires a political appointee to oversee the guidance of government agencies. The Congressional Research Service, a nonpartisan, independent investigatory organization, said the move "represent[s] a clear expansion of presidential authority over rulemaking agencies."

As a result, two different congressional subcommittees held hearings Tuesday on Order 13422. One was the House Judiciary Subcommittee on Commercial and Administrative Law. Chairwoman Rep. Linda Sanchez noted cautiously that "the main thrust of this new Order appears to shift control of the regulatory process from the agencies – the entities that have the most substantive knowledge and experience – to the White House."

The subcommittee heard from five experts on the subject, who each gave differing viewpoints.

"I would have thought conferring this kind of authority is Congress's business, not something the president is authorized to accomplish on his own say-so," testified Peter Strauss, a law professor at Columbia University. "In doing so he threatens excessive politicization of agency rulemaking, the subversion of a public process by back-corridor arrangements, and compromising the lines of authority Congress has created."

"This is not good government," added Sally Katzen of the Michigan University Law School.

Judiciary Chairman Rep. John Conyers was also at the hearing. "We have seen in other contexts that this President has tried to take unto himself absolute authority on issues such as surveillance, privacy, torture, enemy combatants, and rendition, and signing statements," he said. "The issue of public health and safety that we are looking at today as protected by our administrative agencies is no less important."

Meanwhile, the House Science and Technology Subcommittee on Investigations and Oversight also held a hearing on Order 13422. "This order allows political appointees to dictate decisions out of the shadows on health and safety issues, even if impartial scientific experts decide otherwise," said Chairman Rep. Brad Miller. “It’s another avenue for special interests to slow down and prevent agencies from protecting the public."

Click here to see a clip of Keith Olbermann on Order 13422

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