Fox News relied on dubious arguments from a conservative group with a history of ethical problems to cast doubt on how the Obama administration is implementing government regulations related to the health care reform law.
In a segment titled "Regulation Nation," anchor Jenna Lee claimed that the health care law's new regulations are on the "fast track" because the public hasn't been afforded enough time to offer input on them before their passage. Correspondent Shannon Bream added that this was in contrast to a 1993 executive order from former President Clinton, which required a minimum of 60 days for comment.
Bream based her reporting on the work of right-wing group Americans for Limited Government, which has a history of ethical problems that include fraud and financial disclosure issues. The group has also been accused of engaging in character attacks.
In fact, the Obama administration has complied with regulatory rules. Moreover, despite Bream's assertion that comment periods should last at least 60 days, there is no required minimum period.
Federal Register guidelines state that "in general, agencies will specify a comment period ranging from 30 to 60 days," but they may also use shorter periods "when that can be justified." Clinton's 1993 executive order recommended that a comment period last at least 60 days "in most cases."
An executive order President Obama signed in January 2011 improving regulation and regulatory review reaffirmed Clinton's order, reading:
To the extent feasible and permitted by law, each agency shall afford the public a meaningful opportunity to comment through the Internet on any proposed regulation, with a comment period that should generally be at least 60 days.
Bream ended the segment by claiming that "there have been nearly 6,000 federal regulations proposed just in the last 90 days."
According to the government's regulation website, regulations.gov, there have been 5,803 new postings in the last 90 days. However, more than 4,000 of those are "notices," which include updates to previous regulations, scheduled hearings, grant applications, and meeting announcements. Less than 1,500 are listed as new regulations and rules.
Fox previously used the term "Regulation Nation" to launch a weeklong attack on federal regulations just as the Republican Party announced its push for repealing regulations. Fox also has a history of attacking health care reform.