Regulatory Reform Legislation in the 112th Congress

Curtis W. Copeland
Specialist in American National Government

In the 112th Congress, a number of bills have been introduced that would, if enacted, change current requirements in the federal rulemaking process. In the Senate, the proposed legislation includes (1) S. 128, the Small Business Paperwork Relief Act of 2011; (2) S. 299, the Regulations from the Executive in Need of Scrutiny Act of 2011; (3) S. 358, the Regulatory Responsibility for Our Economy Act of 2011; (4) S. 474, the Small Business Regulatory Freedom Act of 2011; (5) S. 602, the Clearing Unnecessary Regulatory Burdens Act; (6) S. 817, which would make changes to the application of the Unfunded Mandates Reform Act; (7) S. 1030, the Freedom from Restrictive Excessive Executive Demands and Onerous Mandates Act of 2011; and (8) S. 1189, the Unfunded Mandates Accountability Act of 2011. In the House of Representatives, the bills include (1) H.R. 10, the Regulations from the Executive in Need of Scrutiny Act of 2011; (2) H.R. 213, the Regulation Audit Revive Economy Act of 2011; (3) H.R. 214, the Congressional Office of Regulatory Analysis Creation and Sunset and Review Act of 2011; (4) H.R. 373, the Unfunded Mandates Information and Transparency Act of 2011; (5) H.R. 527, the Regulatory Flexibility Improvements Act of 2011; (6) H.R. 1235, the Regulation Moratorium Act of 2011; (7) H.R. 1281, the Restoring Economic Certainty Act of 2011; (8) H.R. 1432, the Creating Sunshine, Participation, and Accountability for our Nation Act; and (9) H.R. 2175, the Regulatory Balance Act.

This report describes each of those regulatory reform bills, notes whether similar legislation has been introduced or acted upon in the past, summarizes the comments of those supporting and opposing the proposed legislation, and provides other relevant information. To put the bills in context, the report first summarizes the current rulemaking requirements (primarily statutes and executive orders) that the proposed legislation would amend, codify, or otherwise affect. The report ends with some concluding observations, noting similarities, differences, and broad themes in the legislative proposals. Those themes include (1) an expansion of current rulemaking requirements, (2) an expansion of those requirements to independent regulatory agencies, (3) an emphasis on retrospective reviews of existing rules, and (4) an increase in the role of Congress in overseeing the actions of regulatory agencies. Within each of these broad areas, however, the bills often take very different approaches. Some of the reforms would, if enacted, place new and potentially substantial responsibilities on federal agencies and the Office of Management and Budget, which may require additional resources and time to satisfy. Some of the bills may require clarification to ensure that they are enacted as Congress intended, and some may raise legal or policy concerns.


Date of Report: June 22, 2011
Number of Pages: 51
Order Number: R41834
Price: $29.95

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