House committee requests information as to why Labor Department won’t comply with requests

EXCLUSIVE — The House Committee on Small Business sent a letter to the Department of Labor and acting Secretary of Labor Julie Su questioning the agency’s policy not to discuss proposed rules with Congress after the department declined to answer questions the committee posed.

Back in July, the committee, as part of its investigation into how the agency complies with the Regulatory Flexibility Act, sent a letter to the agency seeking a deeper explanation of two recently proposed rules and the impacts they would have on small businesses.

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But, the Labor Department said they would not discuss the proposed rules with the committee, citing internal policy, chairman of the Small Business Committee, Roger Williams (R-TX), said in the letter.

“Denying the Committee the requested information prevents it from upholding and acting in furtherance of its legislative function, namely reviewing regulatory burdens imposed on small businesses by federal agencies and determining how they may be alleviated,” the letter reads. “This includes the ability of this body to initiate investigations to inform itself about how existing laws function, whether new laws are necessary and if old laws should be repealed or altered.”

Now, the committee is seeking more information on the internal policy at the Department of Labor that prohibits them from discussing proposed rule changes with Congress.

Williams sent the department six questions and requests for information, asking them to respond no later than Nov. 16.

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The committee is requesting a copy of the department’s policy with regard to sharing information with Congress generally and an explanation of when this policy was implemented. They are also requesting a copy of the department’s policy for responding to Congressional oversight requests related to a proposed rule and an explanation of the legal reason the department believes sharing information with Congress regarding proposed rules is improper.

“Unfortunately, the Department of Labor has instituted a policy of not discussing its proposed rules with Congress,” Williams said in a statement. “This action is limiting our ability to conduct legitimate oversight to ensure the agency is following the laws on the books that ensure small business interests are taken into account during the rulemaking process. It is my hope that the DOL reverses this policy to increase trust and transparency in government agencies.”