Congressional Interest in Risk Assessment Legislation. Paul R. Noe, Senate Governmental Affairs committee, Washington, DC
In the past several Congresses, there has been a growing interest in reforming the federal regulatory process. Central to that effort is risk assessment legislation. The regulation of risks is a large and growing part of the federal government, with costs on the order of $200 billion annually. At the same time, there is strong demand to continue the progress we have achieved in protecting the environment, public health, and safety. This creates pressure to reduce waste, increase benefits, and open up the process. Many are concerned that the regulatory system is not sufficiently transparent, efficient, or accountable. An agency’s decisionmaking rationale and policy preferences may be obscure, risk assessment practices may vary, and the insights that risk assessment can provide may be poorly used. This system may overreact to small, speculative risks while leaving larger, more certain risks unaddressed. And stakeholders and managers, including Congress and the President, may have difficulty communicating and holding decision makers accountable. This presentation will discuss Congress’ engagement with the risk assessment issues surrounding regulatory analysis and the questions this involvement raises. Is uniform risk assessment legislation warranted? What changes are needed to improve the regulatory system and what are the consequences of Congress’ involvement in this effort? Should legislation be outcome-forcing or information-forcing? What are the proper roles of outside experts, the courts, the President, Congress, and the public? What is at stake if Congress fails to act?
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