Press Releases

House Committee on Education and the Workforce Chairman John Kline (R-MN) and other committee leaders sent oversight letters to both the Department of Education and the Department of Labor regarding “the precedent that exists for increased regulatory actions executed by outgoing administrations.” Specifically, the lawmakers raised two issues of concern “synonymous with a change in a presidential administration that merit congressional oversight,” including practices known as “midnight rulemaking” and “burrowing in.”

Explaining the purpose of the letters, Chairman Kline said:
 

For more than seven years, the administration’s regulatory onslaught has hurt students, families, and workers. The American people have had enough. That’s why we are working to hold the administration accountable for its actions and demand the transparency that the public deserves. We will do everything we can to ensure these agencies do not spend the next few months working behind closed doors to cement the administration’s extreme, partisan agenda.

 
First, citing a Congressional Research Service (CRS) report, the letter raises the issue of “midnight rulemaking,” which refers specifically to the act of an agency increasing the number of its issued regulations during the final months of the administration’s term. The letter states:
 

[The CRS report] highlights several weaknesses attributed to midnight rulemaking. Specifically, CRS noted an “outgoing administration has less political accountability”; rules may not receive the adequate review by agency officials required for a high-quality rule; and rules being hurried through the formal rulemaking process may not receive the same opportunity for public comment as required by statute.

 
Second, citing another CRS report, the letter discusses the perceived consequences of an increase in conversions from federally appointed positions to career positions, known as “burrowing in,” stating:
 

[The CRS report] highlights several negative consequences of burrowing in. These consequences include limiting merit-based, competitive hiring and promotion, as well as hampering the effectiveness of the agency. There are also clear regulations in place that must be followed when attempting to convert an employee’s status.

 
To address these concerns, committee leaders are requesting the departments provide a list of draft rules and regulations, final rules and regulations, and any drafts of guidance the departments plan to release through the end of the president’s final term. The committee is also requesting the departments provide more information on created positions within the departments from January 1, 2016 through the end of the president’s term.

A response is requested by October 4, 2016.

To read the letter from Chairman Kline and Reps. Virginia Foxx (R-NC) and Todd Rokita (R-IN) to Secretary of Education John King, click here.

To read the letter from Chairman Kline and Reps. Foxx, Phil Roe (R-TN), and Tim Walberg (R-MI) to Secretary of Labor Thomas Perez, click here.