Overview
Title
To require agencies to repeal ten existing regulations before issuing a new regulation, and for other purposes.
ELI5 AI
The "Regulation Decimation Act" is a plan that makes sure that for every new rule a government office wants to make, they have to get rid of ten old rules, unless the rules are about how the office is run inside.
Summary AI
S. 712, known as the "Regulation Decimation Act," proposes that before any new regulation is issued by a federal agency, ten existing regulations must be repealed. This act applies to rules that impose costs or responsibilities on non-governmental entities, excluding those related to the internal policy of an agency or procurement. The bill requires that the cost of a new major rule does not exceed the costs of the repealed ones. Additionally, the bill mandates agencies to report to Congress on their costly or outdated rules and requires a progress report on regulatory reductions five years after the act is enacted.
Published
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AnalysisAI
Summary of the Bill
The proposed legislation, titled the "Regulation Decimation Act," aims to streamline the regulatory process by requiring federal agencies to repeal ten existing regulations before they can issue a new one. The bill, introduced in the Senate, mandates this rule for both standard and major regulations, with a focus on reducing compliance costs. The act also includes provisions for transparency, requiring that any repealed regulations be published in the Federal Register. Certain exemptions are specified, such as rules that are less burdensome or pertain to internal agency policies. Furthermore, the bill tasks agencies with reviewing all existing regulations to identify those that are outdated or unnecessary.
Significant Issues
Several issues arise from this proposed legislative framework. The most notable concern is the requirement for agencies to repeal ten rules before introducing a new one, which might lead to the elimination of necessary or beneficial regulations. Ambiguity in the bill's language, such as the phrase "to the extent practicable," could lead to inconsistent interpretation and application. Moreover, the cost certification process for new regulations lacks detailed guidelines, raising concerns about transparency and consistency. Additionally, the exemption criteria for internal agency practices are not clearly defined, potentially allowing for loopholes. Finally, the requirement for agencies to conduct a comprehensive review of regulations within 90 days is ambitious and might result in rushed or incomplete assessments.
Impact on the Public
The bill’s emphasis on reducing regulations could significantly impact the public by potentially removing regulatory safeguards that protect public health, safety, and the environment. While deregulation can lead to reduced compliance costs for businesses, it might also reduce protections that serve the broader public interest. The ambiguity and potential for inconsistent application of these rules might create an environment of uncertainty, affecting stakeholders who rely on stable regulatory frameworks.
Impact on Stakeholders
For businesses, particularly those in heavily regulated industries such as finance and manufacturing, the act could foster a more conducive environment for innovation and cost savings by reducing regulatory burdens. However, for environmental and consumer advocacy groups, the rapid repeal of regulations without thorough evaluation might be seen as risking public safety, transparency, and accountability. Government agencies might struggle with the logistical challenges of rapidly reviewing and repealing regulations, leading to increased administrative workloads and potential for legal challenges. Consequently, some stakeholders may argue that the bill prioritizes deregulation over public interest protections, which could have long-term implications for policy stability and efficacy.
Issues
The requirement to repeal 10 or more rules before issuing a new rule or major rule, as stated in SEC. 2 (b) and (c), may lead to arbitrary repeals to meet the quota, potentially removing regulations that are still necessary or beneficial for public safety, the environment, or economic stability.
The ambiguity of the phrase 'to the extent practicable' in SEC. 2 (b) and (c) regarding whether rules are related to a new rule or major rule could result in inconsistent interpretations, leading to legal challenges or regulatory confusion.
The cost certification process by the Administrator of the Office of Information and Regulatory Affairs, as detailed in SEC. 2 (c)(2), lacks clear criteria or guidelines on how costs should be calculated, which could lead to inconsistencies, disputes between agencies, and potential manipulation of financial assessments.
SEC. 2 (e) offers an exemption for rules relating to the internal policy or practice of an agency and procurement, which is not elaborated upon. This could create significant loopholes, allowing agencies to circumvent the repeal requirement under certain undefined circumstances.
The mandate in SEC. 2 (f) for agencies to review each rule within 90 days to identify costly, ineffective, duplicative, or outdated regulations seems excessively burdensome and may not allow sufficient time for a rigorous and detailed evaluation, possibly leading to incomplete or superficial assessments.
There is no defined process in the bill for resolving conflicts if an agency and the Office of Management and Budget disagree on the cost assessment of a new major rule as per SEC. 2 (c)(2), potentially leading to administrative gridlock.
The bill's title 'Regulation Decimation Act' in SEC. 1 appears to emphasize drastic deregulation without clarity on which regulations are targeted, potentially leading to significant public debate or concern over regulatory impacts on health, safety, and environmental standards.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this Act states that the official name for the law is the "Regulation Decimation Act".
2. Repeal of regulations required before issuance of a new rule Read Opens in new tab
Summary AI
Before an agency can create a new rule, it must first repeal at least 10 existing rules if they impose costs or responsibilities on the public or local governments. For a major rule, the agency not only has to repeal 10 related rules, but also ensure the new rule does not cost more than the ones repealed. The repealed rules must be published publicly, and certain rules related to internal agency policies or that reduce burdens can be exempt. Additionally, agencies must review their existing rules to identify any that are outdated or unnecessary.