Colorado Politics

Bennet and Senate Democrats ask Trump Administration to pause rulemaking

U.S. Sen. Michael Bennet has signed on to a letter with 21 other members of the Democratic caucus asking the Trump Administration to extend indefinitely all public comment periods for new federal rules and to pause any rulemaking actions unrelated to the COVID-19 pandemic.

“Necessary federal, state, Tribal and local government actions to stop the spread of COVID-19, such as cancellation of public meetings and stay-at-home orders, are currently denying access to government for millions of low-income and rural Americans, along with Indian Tribes with whom the government is obligated by law to consult,” the senators wrote in the letter dated April 8 to the U.S. Office of Management and Budget.

Executive agency rules, which stem from legislation that Congress passes, require a lengthy process before enactment into law. An agency develops a draft rule, which OMB reviews. There is a notice of proposed rulemaking, followed by public comment. Then the agency responds to comments and develops a final rule, which OMB again reviews. After the publication of the final rule, it takes effect barring congressional action or court challenges.

Since Jan. 31, the administration has taken action on 19 new rules on subjects ranging from automobile fuel efficiency and worker protections to formaldehyde in wood products.

“The American public is not only legally entitled to a meaningful opportunity to participate in these important proceedings; their participation is crucial to ensuring that agencies’ work is carried out effectively,” the letter continued. “We cannot reasonably expect the public to redirect attention from protecting themselves and families to comment on federal agency rules and proceedings that while important, are not related to the crisis at hand or its response.”

Democratic presidential candidate Sen. Michael Bennet, D-Colo. speaks during a town hall meeting at the Dover City Hall on Sunday, Feb. 2, 2020, in Dover, N.H. 
(AP Photo/Mary Altaffer)
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