Oct. 23, 2023
Regulatory agencies often have limited direct access to members of Congress drafting relevant legislation, which can lead to mismatches between regulations and legislative intent. Some reasons for this include: Congressional staffers rather than representatives involved in drafting, with less subject matter expertise. Agency regulatory drafting is siloed from legislative process due to separation of powers. Congressional committee structures don't necessarily match agency oversight roles. polarized politics and lobbying influence can distort legislative goals. Congress lacks technical resources/continuity compared to specialized agencies. Ambiguous or outdated laws lead to agencies filling gaps without Congressional guidance. Challenging for agencies to obtain useful legislative insights after the fact. Congressional attention focused on new laws, not fine-tuning existing statutes. Greater direct consultation between regulators and relevant legislators during the drafting process could help align regulations with legislative goals. Mechanisms like congressional liaison offices, joint technical advisory committees, and required regulatory previews for sponsors could bridge this gap. But structural separation of powers issues persist. Sent with Proton Mail secure email.