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How Early Notice Can Promote Smarter Regulation

  • May 30, 2024
  • Keith Belton

New PPI regulatory reform proposal inspires bipartisan legislation on Capitol Hill

 

Washington, D.C. — To promote transparency and accountability in federal rulemaking, U.S. agencies should be required to give the public and Congress early notice of their intent to create new regulations, so concludes Stronger Regulation from the Get-Go, a new report released today by the Progressive Policy Institute (PPI).

“By providing early notice, regulatory agencies can benefit from public input and congressional oversight, which will lead to more defensible regulation,” says Keith B. Belton, the report’s author. Its core proposal has become the basis for H.R.8204, the Regulatory Early Notice and Engagement Act (RENEA), recently introduced in Congress by U.S. Representatives Don Davis (D-N.C.), Guy Reschenthaler (R-Pa.), and Tim Burchett (R-Tenn.).

“This legislation is about ensuring that federal agencies operate with full transparency and engage the public in the regulatory process from the outset,” said Congressman Don Davis. “By providing early notice of proposed regulations and inviting public input, we can make the regulatory process more inclusive and effective. I’m proud to introduce this bipartisan legislation which promotes good governance, strengthens public trust, and ensures that regulatory decisions are made in the best interest of the American people.”

Belton’s report suggests requiring federal agencies to explain the rationale for every newly initiated rulemaking activity and make this information available to Congress and the public through a regulatory early notice. This early notice would identify the problem to be addressed and invite public recommendations on achieving the rule’s objectives at the lowest cost. The bill puts Congress in an oversight role and codifies requirements from a 1993 Executive Order, issued by President Bill Clinton and affirmed by every president since, which outlines the philosophy behind federal regulation.

The early notice proposal builds on PPI’s previous work on regulatory accumulation and reform. In 2013, PPI called for the creation of a Regulatory Improvement Commission — a base-closing-style body that would compile a list of existing regulations that have outlived their usefulness and recommend their modification or rescission. Now, as Congress is considering new reforms for regulatory oversight and transparency, PPI is again proposing a bipartisan solution to streamline and improve the rulemaking process.

Read and download the report here.

The Progressive Policy Institute (PPI) is a catalyst for policy innovation and political reform based in Washington, D.C. Its mission is to create radically pragmatic ideas for moving America beyond ideological and partisan deadlock. Learn more about PPI by visiting progressivepolicy.org. Find an expert at PPI and follow us on Twitter.

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Media Contact: Tommy Kaelin – tkaelin@ppionline.org

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