Having gained control of Congress and the White House, the GOP has been working on ways to overhaul the regulatory system in this country. Not only do they want to rescind as many Obama-era regulations as possible (via the Congressional Review Act), they also want to pass regulatory reform that will survive well beyond the tenure of the current government. To that end, the GOP members of the House have whipped up an aggressive legislative agenda. But with a 52-48 advantage in the Senate, Republicans will have a difficult time getting the eight Democrats necessary to override a filibuster.
Regulatory Accountability Act of 2017
According to the Regulatory Accountability Act of 2017 (HR 45), federal agencies would have to implement only the “least costly” regulations. When creating new rules, agencies would have to run a cost-benefit analysis to determine whether the program would be too expensive. If the regulation turns out to be too expensive then the agency would have to offer a “reasonable alternative.”
According to a news release from Sen. Rob Portman (R-Ohio), the legislation would hold agencies accountable by allowing for a judicial check “on an agency’s cost-benefit analysis,” ensuring “that agencies do not rely on irrational assumptions or treat cost-benefit analysis as a mere afterthought.” Ultimately, Republican supporters believe this bill would help prevent executive overreach, but say nothing of the negative impact this could have on workers, the environment or the economy.
Small Business Regulatory Flexibility Improvements Act of 2017
This piece of legislation (HR 33), which is working its way through the Senate with a number of other bills, would require agencies to do a “regulatory flexibility” analysis In order to determine the impact of regulations on small businesses. If a rule were found to have a large impact on small businesses, it would then have to go through further review.
It is a common tactic on the right to justify anti-regulation legislation by pointing to the needs of small businesses. That’s precisely the same justification Trump used when he introduced his Executive Order on Reducing Regulation and Controlling Regulatory Costs.
According to Amit Narang, regulatory policy advocate at the left-leaning Public Citizen, “We need something that is targeted at real small businesses, like mom-and-pop shops.”
SCRUB Act
Under the Searching for and Cutting Regulations that are Unnecessarily Burdensome Act (HR 998), a commission would be established for the purpose of reviewing all regulations in order to uncover duplicative and outdated rules. After selecting regulations, Congress would vote on which ones to repeal. This legislation would fit nicely into Trump’s plan to cut 70 to 80 percent of existing regulations. It is currently in the Senate where it will face resistance from Democrats.
Regulations from the Executive in Need of Scrutiny Act of 2017
The REINS Act (HR 26) is very controversial because it proposes a major change to the powers of Congress. Under HR 26, federal agencies would have to send new regulations to the Legislature for approval. Republicans currently rely on the Congressional Review Act to rescind rules, but they must have control of two chambers for it to be effective. With the REINS act they could block regulations while having control of just one chamber. This bill is currently working its way through the Senate.
ALERT Act of 2017
Republican Representative John Ratcliffe (Texas) introduced the All Economic Regulations are Transparent Act (ALERT) Act (HR 75) in January. This bill would require newly written regulations to be posted online for six months before being issued. Republicans say this will bring transparency to the process, while Democrats contend that it will just slow down the process of implementing protections.
These are just a few of the regulation reform bills on the docket. Surely, Senate Republicans will be working hard to gain support from their colleagues on the other side of the aisle. If successful, the GOP could radically alter the current system of creating and issuing regulations.
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