“Smarter Regulation Through Advance Planning and Review Act” and “Early Participation in Regulations Act”

By at 9 September, 2015, 3:57 pm

The Honorable James Lankford

United States Senate

316 Hart Senate Office Building

Washington, DC 20510


The Honorable Heidi Heitkamp

United States Senate

110 Hart Senate Office Building

Washington, DC 20510


Dear Senators Lankford and Heitkamp:

The Small Business and Entrepreneurship Council (SBEC), and its project, the Center for Regulatory Solutions (CRS), is pleased to support legislation you have introduced to make the federal regulatory process more open, transparent, and accountable. SBE Council strongly supports the “Smarter Regulations Through Advance Planning and Review Act of 2015”; the “Early Participation in Regulations Act of 2015”; and the “Principled Rulemaking Act of 2015.”

Small businesses are disproportionately harmed by overreaching, costly federal regulations. Over the last six years, new regulations on the financial, energy, and health care sectors have stimied the ability of small businesses to innovate, compete, and create jobs—a leading cause of the economy’s “new normal” of lackluster growth, chronic underperformance and anemic startup activity.

Even though regulators are required to assess economic impacts on small businesses, and design policies to mitigate them, federal agencies at times carry out this responsibility in cursory fashion, or in some cases, ignore it entirely. To cite just one example, EPA’s small business advocacy review panel under President Obama’s Clean Power Plan was hastily arranged, lacked a meaningful agenda, and ultimately failed to influence the final rule, which will destroy jobs and raise electricity costs for small businesses.

So reforms are needed to hold regulators accountable: As your legislation sensibly requires, the rules they write and enforce must, among other things, address real problems, maximize benefits over costs, include a plan with clear metrics to measure progress in achieving those benefits for the public, and allow for public input before significant regulations are proposed.

These measures are perfectly in line with the principles SBE Council has espoused to reform our nation’s broken regulatory system. Along with greater accountability, your legislation will promote integrity in the information, data, and studies agencies rely on, and increase transparency so the public can better understand the legal, practical and scientific rationales supporting specific regulations.

We look forward to working with you and members on both sides of the aisle to advance these measures into law. Thank you for your leadership and support of America’s entrepreneurs and small businesses.


Karen Kerrigan, President & CEO
























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