New rulemaking requirements clear Senate Committee

Washington – Three new bills that would add requirements to the regulatory process recently advanced through a GOP-led Senate committee.

The bills passed out of the Homeland Security and Governmental Affairs Committee on Oct. 7. They include:

• The Smarter Regs Act (S. 1817) would require agencies to conduct retrospective reviews of regulations and create a plan for such reviews during the rulemaking process.
• The Principled Rulemaking Act (S. 1818) would codify two Executive Orders requiring agencies to take certain steps to ensure proposed rules are necessary.
• The Early Participation in Regulations Act (S. 1820) would require agencies to publish an advance notice of proposed rulemaking for all rules that could cost the economy $100 million or more annually.

Committee Republicans claim the requirements would improve the quality of regulations and increase accountability. However, Democrats argue that the bills would prolong an already lengthy rulemaking process and decrease agency flexibility.

At press time, the bills had not been taken up by the full Senate.