GOP senators question rule-making process

Senate Republicans are launching an investigation in the Obama administration’s rule-making practices.

Federal agencies oftentimes face a lack of accountability when developing guidelines for industry to follow, Sens. Lamar Alexander (R-Tenn.) and James Lankford (R-Okla.) say in a letter sent Thursday to regulators.

The senators complain that the Department of Labor, Department of Education and Department of Health and Human Services (HHS) may be “skirting” regulatory requirements.

“We are concerned that agencies may be issuing guidance to avoid regulatory requirements,” they write.

At issue is whether these agencies are giving the public an opportunity to be involved in the rule-making process.

When issuing a new rule, “the agency must issue a notice of proposed rulemaking, allow a public comment period, and respond to the public’s comments,” they write.

However, agencies can also issue guidance, which does not have “the force of law” but can influence industry’s actions nonetheless.

Federal agencies are not required to go through the same extensive process when issuing guidance.

The senators suspect some agencies may be using this as a loophole to regulate without going through a long comment process where the public can pick away at rules.

They’re asking the agencies to respond to their questions by May 22.