OVERNIGHT REGULATION: Attorney general nominee heads to Senate
January 27, 2015
Welcome to OVERNIGHT REGULATION, your daily rundown of enforcement news from Capitol Hill and beyond. It's Tuesday night here in Washington and we're getting the popcorn ready. The two-day confirmation hearing of Attorney General nominee Loretta Lynch begins Wednesday. With Republicans in control, it promises to be one heck of a show. So here's a sneak peak along with the biggest news and tomorrow's most compelling story lines from the agencies and Congress.
THE BIG STORY
The Obama administration will be on the hot seat Wednesday as Attorney General nominee Loretta Lynch heads to the Senate for her confirmation hearing.
GOP lawmakers will probe Lynch to see how she distinguishes herself from some of the controversial policies of her predecessor, outgoing Attorney General Eric Holder.
Republicans believe the Department of Justice has become too "politicized" under the Obama administration. They're looking for an attorney general who is not afraid to stand up to the president from time to time.
"We need an attorney general that won't politicize the office," Sen. Jeff Sessions (R-Ala.) told The Hill. "It will be important that she is ready to tell the president, 'No,' if he overreaches."
One of the biggest overreaches Republicans point to is President Obama's executive order granting amnesty to nearly 5 million illegal immigrants.
Lynch will be asked whether she believes the president overstepped his authority on immigration.
Tensions could also flair over Operation Fast and Furious, the failed sting where federal agents puts guns in the hands of Mexican drug cartels.
Meanwhile, Democrats may probe Lynch's stance on civil-rights issues such as same-sex marriage and potential police reforms in the wake of Ferguson.
ON TAP FOR WEDNESDAY
The Senate Commerce, Science and Transportation Committee will hold a hearing on enhancing the safety, efficiency and commerce of freight rail transportation. http://1.usa.gov/1CqdXL2
The Senate Finance Committee will meet to do a markup of the Hire More Heroes Act, legislation to allow businesses to hire more veterans without requiring them to count toward ObamaCare's employer mandate. http://1.usa.gov/1tlalIF
The Senate Homeland Security and Governmental Affairs
Committee will have a hearing to discuss the importance of sharing information to better protect America from cyber attacks. http://1.usa.gov/ 1AUUgH7
The Interior Department and the U.S. Fish and Wildlife Service will hold a meeting of the Migratory Bird Hunting, Service Regulations Committee to discuss issues with the 2015-2016 migratory bird hunting regulations. http://1.usa.gov/ 18py7tP
TOMORROW'S REGS TODAY
The Obama administration will publish 195 new regulations, proposed rules, notices and other administrative actions in Tuesday's edition of the Federal Register.
Here's what to watch:
—The Department of Energy (DOE) will issue new energy conservation standards for automatic commercial icemakers.
The DOE will strengthen existing energy conservation standards for some icemakers and establish new efficiency rules for those which were previously unregulated.
The efficiency rules come from the Energy Department's Office of
Energy Efficiency and Renewable Energy.
Manufacturers will be required to comply with the new rules by Jan. 28, 2018. http://bit.ly/1zsrfaZ
—The Forest Service will issue new rules for snowmobiles and other over-snow vehicles that are popular during the winter.
The changes come in response to a court rule. The Forest Service will establish a system of trails inside national forests where snowmobiles can operate without interfering with hikers, backpackers, fishers, hunters, or birdwatchers.
The changes go into effect in 30 days. http://bit.ly/1zV5GQ4
—The Federal Trade Commission (FTC) will delay new rules for used car salesmen.
The FTC proposed new transparency requirements in November, but is now extending the comment period through March 17.
The proposed rules are aimed at making used car salesmen more transparent and upfront about the vehicles they resell to consumers.
They would require used car dealers to indicate whether they have a copy of the vehicle history report and provide it to customers upon request, among other things. http://bit.ly/1yZRQdA
—The Department of Commerce will delay new rules aimed at preventing criminals from taking on the identities of dead people.
The so-called "Death Master File" is a database of people who have died. The Commerce Department allows certain individuals to access the database, so that businesses and government agencies can make sure they are not doing business with someone who is impersonating a dead person.
The Commerce Department proposed changes to the certification requirements for people looking to access the Death Master File, but is now extending the comment period on those changes through March 30. http://bit.ly/1Dek6IY
—The Environmental Protection Agency (EPA) will loosen the restrictions on a certain pesticide that is used for agricultural purposes.
The EPA determined a permissible level of sulfoxaflor that it believes can be used without harming human health or the environment.
The changes go into effect immediately. http://bit.ly/ 1ysANvw
NEWS RIGHT NOW
Indirect impact: The American Sustainable Business Council (ASBC) is asking the House Judiciary Committee to throw out the Small Business Regulatory Flexibility Improvements Act, saying it would hurt rather than help small businesses. The bill would require government regulators to include the indirect impacts, in addition to the direct impacts of a rule. http://bit.ly/1ENGoCi
Small businesses: The Environmental Protection Agency is looking for small businesses and nonprofits to sit on a panel and review the agency's plan to regulate greenhouse gas emissions from power plants. http://bit.ly/1uxUTEo
Industrial hemp: Rep. Thomas Massie (R-Ky.) has introduced legislation to exempt industrial hemp from the Controlled Substances Act's definition of marijuana, thereby allowing it to be legally cultivated nationwide. http://bit.ly/ 1zr4e8o
Drones: The day after a small unmanned aircraft crashed into the lawn of the White House, President Obama called for regulations on drones. http://bit.ly/1BuYhor
Executions: Oklahoma Attorney General Scott Pruitt asked the Supreme Court to stay three executions in his state until the court issues it's ruling on the state's lethal injection protocol. http://bit.ly/ 18qkLgN
Asset forfeiture: Sen. Rand Paul (R-Ky.) has reintroduced legislation to permanently limit the government's ability to use asset forfeiture to seize property from people who sometimes haven't even been charged with a crime. http://bit.ly/18qkLgN
Spying on drivers: The Justice Department is building a national database to track in real time the movement of vehicles around the U.S., The Wall Street Journal reported. http://on.wsj.com/1zQQZNS
Campaign contributions: The Federal Election Commission received 32,000 comments on whether it should require more disclosure of political contributions, The Wall Street Journal reported. http://wapo.st/ 1BuZCM1
Same-sex marriage: A new poll by Pew found that not everyone in the LGBT community thinks same-sex marriage should be legal, The Washington Post reported.http://wapo.st/ 1zUsOOu
BY THE NUMBERS
3,541: Number of regulations that hit the books in 2014, according to the Competitive Enterprise Institute.
QUOTE OF THE DAY
"The Justice Department is a big mess and we want to know how [Attorney General nominee Loretta Lynch] is going to straighten out the department," — Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa).
We'll work to stay on top of these and other stories throughout the week, so check The Hill's Regulation page (http://thehill.com/regulation ) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@thehill.com or l wheeler@thehill.com. And follow us at @timdevaney and @wheelerlydia.
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