Protecting Consumer Safeguards with the Stop Corporate Capture Act (H.R. 1507)
March 7, 2024 | Download PDF
Robust consumer protections ensure the consumer choices we make each day keep us safe and healthy. From keeping our children’s toys and personal care products free of hazardous chemicals to safeguarding against credit card fraud, Americans should be able to trust the products and services we rely on without fear of harm. These protections depend on an inclusive, transparent policymaking process informed by independent science.
Regrettably, decades of neglect and underinvestment in the regulatory system have put effective consumer safeguards at risk. Public interest groups including consumer advocates are consistently underrepresented in the public comment process, due to a lack of transparency and the outsized influence of special interest lobbyists over regulators. Were the Consumer Product Safety Commission to consider banning a profitable toy due to its hazards for children, for example, the toy’s manufacturer could submit its own industry-backed research showing the toy is not harmful to kids.
A democratic regulatory system cannot function properly until it is repaired to fully reflect the input of consumer advocates. The Stop Corporate Capture Act offers a comprehensive roadmap to update and modernize the rulemaking process by prioritizing community engagement and increased accountability by agencies. The bill would increase transparency by requiring more thorough documentation of changes made to draft rules, and establish an office specifically designed to promote awareness of, and engagement with new rules. By leveling the playing field with corporate actors and empowering our communities, SCCA will ensure that public protections are strong and effective for generations to come.
SCCA would promote scientific integrity and crack down on corporate influence.
Corporations disproportionately dominate the public comment process during new rulemakings, often using flawed and financially influenced studies and reports. SCCA would require disclosure of funding sources for all studies and reports provided in public comments and impose heightened disclosure requirements for studies that have been peer-reviewed. SCCA would also impose civil penalties on corporations that deliberately use false information to influence regulators during the rulemaking process.
SCCA would increase transparency and accountability in the rulemaking process while promoting social justice.
SCCA would require improved documentation of any changes made to draft rules after they are submitted to OIRA, including clear attribution of the source of those changes. Additionally, SCCA would establish an Office of the Public Advocate to promote public awareness of new rulemakings. This office would be tasked with researching and assessing the social equity impacts of the rulemaking process.
SCCA would codify Chevron deference and empower agencies.
Forty years ago, the Supreme Court in Chevron mandated that the judicial branch defer to expert agencies’ statutory interpretation when Congress’ intent is not clear. Because the conservative majority on the Supreme Court is threatening to take that power away from agency officials who are responsive to the public and give it to unelected judges, SCCA would prevent that judicial power grab and center subject matter expertise in cases involving regulations, limiting the potential for political beliefs to influence the outcome of such cases.
For additional information, contact Rachel Weintraub at rweintraub@sensiblesafeguards.org and visit the Coalition for Sensible Safeguards’ page on the Stop Corporate Capture Act: https://sensiblesafeguards.org/issues/scca