Commentary: Bush's Last-Minute Rush to Dismantle Public Protections

by Gary D. Bass, OMB Watch Executive Director

Those who keep an eye on the federal government know the Bush administration is not friendly toward regulation — particularly health, safety, environmental, civil rights, and consumer protections. When they have been forced to regulate, Bush officials have advanced policies that mostly let the market control the game, while the idea of strong government intervention has been left to gather dust. However, even outside the recent regulatory takeover of Fannie Mae and Freddie Mac, events show the administration is starting to kick things into high gear on regulations, trying to lock the next administration into a Bush legacy.

In May, White House Chief of Staff Joshua Bolten issued a memo that set deadlines for agency regulations during the remaining months of the Bush administration. Bolten said he wanted to stop last-minute regulatory activity — commonly known as midnight regulations. To avoid this, except in "extraordinary circumstances," Bolten said agencies should propose regulations that they want to finalize no later than June 1 and that all final rules should be published by Nov. 1.