President George W. Bush's Executive Order amending the regulatory process in significant ways didn't immediately garner the attention one might have expected from the mainstream media and Congress. The order set in motion changes that could further delay or hinder public health, safety, environmental, and civil rights protections. It was issued by the White House, with a press release, Jan. 18, and only OMB Watch and Public Citizen rang the alarm bells, calling attention to changes that give OMB's Office of Information and Regulatory Affairs (OIRA) even broader powers over agency actions.

Although a few independent media outlets and Inside Washington publications picked up the story, it wasn't until the New York Times published an article on Jan. 30 that other mainstream outlets began paying attention. The order was published in the Federal Register on Jan. 23 and takes effect 180 days later. The Times article quoted Henry Waxman (D-CA), chair of the House Oversight and Government Reform Committee, who stressed the danger of ignoring agency experts' opinions about health and safety regulations in favor of special interests.

Why should the regulatory process and Bush's changes to it matter? Over the past 30 years, we have made significant progress through strong public safeguards. Our air and water are cleaner; our food, workplaces, and roads are safer; and civil rights protections have improved. These protections have saved many thousands of lives and improved the quality of life for all Americans — without hobbling industry or the economy. In short, regulations matter.

Yet there is still much to do, especially after six years of putting the needs of the administration's supporters over the needs of the public. Food borne illnesses kill an estimated 5,000 and sicken 76 million. Nearly 6,000 workers die as a result of injury on the job, with an additional 50,000 to 60,000 killed by occupational disease. And asthma — linked to air pollution — is rising dramatically, afflicting 17 million, including six million children.

Why were major media outlets so slow to give the order some coverage? Much attention at the time was focused on a new Congress getting organized and working on an ambitious agenda, as well as the increasing problems in Iraq. The mainstream media also often overlooks regulatory issues. All this allowed administration officials to make these changes relatively quietly.

Now Congress is paying attention and exercising its oversight responsibilities on this and other matters. The House Science and Technology Committee's Subcommittee on Investigations and Oversight is planning a hearing on the impact of the order on Feb. 13. There may be other hearings to learn the full impacts of

• placing political appointees deeper inside regulatory agencies;
• requiring "market failure" criterion as a basis for formulating health and safety protections;
• requiring agencies to aggregate total costs and benefits of their annual regulations; and
• subjecting agencies' guidance documents — generally interpretive statements used to clarify regulatory obligations to industry or explain technical matters — to the same lengthy review process OMB uses for regulations.

If OIRA so chooses, the impacts of delaying regulations and guidance could affect a broad range of public protections. For example, the Centers for Disease Control and Prevention (CDC) just issued guidance regarding actions businesses, urban governments, and school districts should take if an influenza pandemic occurs before a vaccine becomes available. The CDC planning document's wide-ranging recommendations could easily have a significant economic impact, which would trigger a review by OIRA under the new requirements and cause months of delays.

We welcome the congressional attention to an issue with significant implications for health, safety, environmental and civil rights protections. Congress has the opportunity to reassert itself in the battle with the administration over the proper role of agency implementation of legislation. Further centralizing power in the executive branch when Congress has a constitutional role in agency actions is not good government, despite what supporters of the order have argued. The electorate sent a clear message in November that it was time to stop putting special interest priorities ahead of public needs. We need Congress to show the administration that it is paying attention.