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The coming GOP assault on regulations

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BannonWhile President Donald Trump has launched a noisy crusade to slash regulations that constrain American businesses, Republicans in Congress have embarked on a less prominent but potentially more lasting effort to make it much harder for federal agencies to create new regulations in the future.

There is a flurry of anti-regulatory legislation floating around Capitol Hill, but it is becoming clear that the key Republican vehicle to rein in rulemaking will be Ohio Senator Rob Portman’s Regulatory Accountability Act. A 16-page draft of the legislation obtained by POLITICO was significantly less radical than several aggressive bills recently passed by the House of Representatives, but industry groups have pinned their hopes on this one attracting support from enough moderate Democrats to overcome a Senate filibuster and make it to Trump’s desk. And even if the Portman bill won’t automatically ensure “the deconstruction of the administrative state” promised by White House adviser Steve Bannon, it could still dramatically curtail the power of government regulators in the long run.

Portman has not yet introduced the bill, but behind the scenes in Washington it is already the subject of furious lobbying by more than 150 public interest groups that oppose it as well as more than 600 business groups that support it. It is much narrower than a bill the House passed last month with the same name, but would still revamp and insert new bureaucratic hurdles into the federal regulatory process, which the Obama Administration used to enact tough new restrictions on coal plants, Wall Street banks, for-profit colleges and other corporate entities.

The Portman bill would add new obstacles for agencies to overcome before enacting economically significant rules, require them to choose the most cost-effective alternative, and give judges more discretion to block regulations when the regulated interests object.

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